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And lied about it. He stated in the initial interview that he pumped the 5 bullets BEFORE leaving to chase scumbag #2 down the street in a running gun battle.
Just for discussion:
As to the whole heart beating/blood pressure thing. I agree with CY totally about the fact that they just can't tell within 30 seconds of someone's heart stopping. He's right, just can't be done. However CY I think you are wrong one the "residual blood pressure" thing. I've seen it twice in my life, when someone's heart stops, the BP flatlines pretty much immediately right after that instant. And in both of these cases there was no damage to the circulatory system (I.E...leaking from gunshots).
I also question the blood pooling "proving" the guy didn't move. What is this? Not even a single twitch? That's what has been implied. I find that a bit hard to believe that they can prove that beyond doubt like they imply. Also I haven't read anything on this specific topic. Are they referring to the blood pooling in the wounds from the 5 shots, or are they talking about pooling on the floor from the head wound? Both? It would be dirt simple for them to conclude that he wasn't rolling around on the floor, trying to get up, etc. if they are talking about pooling on the floor. Now the within the wounds themselves, I view with a bit more skepticism. When you stop and think about the possibilities, it becomes clear that he screwed himself in so many ways with his lying and grandstanding. He had two avenues to walk from this charge, and he screwed himself out of both with his mouth. And has continued to do so even after "admission" to the jail.
the list of Ersland's lies goes on and on and on
the ME testified that involuntary muscle movement are totally possible after death. this also includes the heart, it's totally possible for the heart to involuntarily beat 30 seconds after death. so ME's assertion that a beating heart proves he was still alive is bogus.
blood pooled under thug head was undisturbed proving he never moved again after hitting the floor. any movement would have disturb the blood. not proof, but this sure points to thug being instantly killed by first shot.
the fact is NO one knows if thug was categorically dead or alive when 5 shots were fired.
still cannot believe the defense didn't make use of this to introduce doubt of his guilt.
the ME testified that involuntary muscle movement are totally possible after death. this also includes the heart, it's totally possible for the heart to involuntarily beat 30 seconds after death. so ME's assertion that a beating heart proves he was still alive is bogus.
blood pooled under thug head was undisturbed proving he never moved again after hitting the floor. any movement would have disturb the blood. not proof, but this sure points to thug being instantly killed by first shot.
the fact is NO one knows if thug was categorically dead or alive when 5 shots were fired.
still cannot believe the defense didn't make use of this to introduce doubt of his guilt.
And lied about it. He stated in the initial interview that he pumped the 5 bullets BEFORE leaving to chase scumbag #2 down the street in a running gun battle.
Just for discussion:
As to the whole heart beating/blood pressure thing. I agree with CY totally about the fact that they just can't tell within 30 seconds of someone's heart stopping. He's right, just can't be done. However CY I think you are wrong one the "residual blood pressure" thing. I've seen it twice in my life, when someone's heart stops, the BP flatlines pretty much immediately right after that instant. And in both of these cases there was no damage to the circulatory system (I.E...leaking from gunshots).
I also question the blood pooling "proving" the guy didn't move. What is this? Not even a single twitch? That's what has been implied. I find that a bit hard to believe that they can prove that beyond doubt like they imply. Also I haven't read anything on this specific topic. Are they referring to the blood pooling in the wounds from the 5 shots, or are they talking about pooling on the floor from the head wound? Both? It would be dirt simple for them to conclude that he wasn't rolling around on the floor, trying to get up, etc. if they are talking about pooling on the floor. Now the within the wounds themselves, I view with a bit more skepticism. When you stop and think about the possibilities, it becomes clear that he screwed himself in so many ways with his lying and grandstanding. He had two avenues to walk from this charge, and he screwed himself out of both with his mouth. And has continued to do so even after "admission" to the jail.
Brain Dead....????
Ersland or Speedy?
Most importantly, why is this a 5 star thread?
If no one has proved the thug was dead or alive..how was he convicted?
To murder someone they must be alive in the first place, the first shot being justifiable.(I see no wrong doing).But if no one can prove beyond a doubt that that he was alive...how was the next five shots murder?
And yes, I also agree Ersland is a dumbass for what he did after the first shot. He deserves a harsh punishment for his lying and actions afterwards. But I just can't see how you can kill a dead guy.
I also thought murder 1 was a premeditated action. Does someone know something I don't... did ersland pay the thugs to rob him or what?
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.
If no one has proved the thug was dead or alive..how was he convicted?
To murder someone they must be alive in the first place, the first shot being justifiable.(I see no wrong doing).But if no one can prove beyond a doubt that that he was alive...how was the next five shots murder?
And yes, I also agree Ersland is a dumbass for what he did after the first shot. He deserves a harsh punishment for his lying and actions afterwards. But I just can't see how you can kill a dead guy.
I also thought murder 1 was a premeditated action. Does someone know something I don't... did ersland pay the thugs to rob him or what?
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.
does the dead bleed after the heart stops beating?
correct me if I'm wrong... when a heart monitor flat lines, there is no more electrical impulses to measure. this doesn't mean the body cannot have residual pressures remaining for a short while.
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"After you die, your body can be seen as a big bag of blood. Initially, that bag is under some pressure, a bit less than the diastolic pressure (the pressure between heartbeats). So if you cut into an artery a little after death you may get some squirting, rather than just leaking. It won’t be much, since diastolic pressure isn’t that much over the pressure of the air, and the instant you make an incision that pressure is released.
And it only lasts for about half an hour; after that, the muscles relax completely, letting the blood vessels expand. The blood basically leaks down into the lowest parts of the body. Make an incision where the blood has pooled, and it will leak out. That’s why you hang meat by the feet after slitting the throat, to allow the blood to drain out. A mortician usually helps this out with pressurized embalming fluid.
After a few days, the blood vessels themselves will decompose along with the rest of the body. If the blood hasn't leaked out already it joins the other bodily fluids and liquid byproducts of decomposition.
So a body can bleed for a while, though in a different way from a body pressurized by the heart. "
http://askville.amazon.com/dead-bleed/AnswerViewer.do?requestId=4534311
correct me if I'm wrong... when a heart monitor flat lines, there is no more electrical impulses to measure. this doesn't mean the body cannot have residual pressures remaining for a short while.
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"After you die, your body can be seen as a big bag of blood. Initially, that bag is under some pressure, a bit less than the diastolic pressure (the pressure between heartbeats). So if you cut into an artery a little after death you may get some squirting, rather than just leaking. It won’t be much, since diastolic pressure isn’t that much over the pressure of the air, and the instant you make an incision that pressure is released.
And it only lasts for about half an hour; after that, the muscles relax completely, letting the blood vessels expand. The blood basically leaks down into the lowest parts of the body. Make an incision where the blood has pooled, and it will leak out. That’s why you hang meat by the feet after slitting the throat, to allow the blood to drain out. A mortician usually helps this out with pressurized embalming fluid.
After a few days, the blood vessels themselves will decompose along with the rest of the body. If the blood hasn't leaked out already it joins the other bodily fluids and liquid byproducts of decomposition.
So a body can bleed for a while, though in a different way from a body pressurized by the heart. "
http://askville.amazon.com/dead-bleed/AnswerViewer.do?requestId=4534311
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Premeditation has been discussed at length here. And within the realm of legality, it has been established that premeditation can occur within seconds ... like seconds or minutes before a murder takes place -- not necessarily the hours, days or weeks you are implying is needed ...
Again, the rest of your questions have been discussed at length here ... you might want to take a look.
For those of you who keep asking or stating that the kid was dead or that there was no way to prove when he died within seconds....that doesn't matter as Ersland himself stated that the kid was alive. He said it over and over, in fact, that was his defense, he shot the kid 5 more times because he was alive and a threat. Ersland's defense supported the M.E.'s opinion that the kid was alive at the time of the last 5 shots, there was never a question of exactly when the kid died, never. The defense could not argue that the kid was dead without making the Kernal looking even worse. Ersland didn't and still refuses to STFU and screwed himself.
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