OKLAHOMA CITY – An appeals court denied Oklahoma City pharmacist Jerome Ersland’s appeal and upheld his first-degree murder conviction and the life in prison sentence Thursday.
Ersland always claimed he acted in self-defense when he shot a teen who was attempting to rob his pharmacy in 2009.
Prosecutors said Ersland went too far when he shot the teen five more times after the initial shot.
However, one of those accused of planning the 2009 robbery at the Reliable Discount Pharmacy in Oklahoma City will get a new trial.
The court of appeals ruled 3-2, Emanuel Mitchell will get a second trial because he was not allowed to represent himself.
His cousin, Anthony Morrison was not as lucky.
The appeals court upheld Morrison’s murder conviction as well.
Morrison and Mitchell were accused of forcing two teens to rob the pharmacy.
They were originally charged and convicted of first-degree murder when Ersland fatally shot one of the teens.