Jerome Ersland Denied Commutation Of Life Sentence For 2009 Pharmacy Shooting

The Oklahoma Pardon and Parole Board (PPB) denied the commutation request of former pharmacist Jerome Ersland Monday afternoon.

Ersland, now 72, sought an early release from his life sentence for the 2009 shooting death of 16-year-old Antwun Parker during an attempted robbery at Reliable Discount Pharmacy.

What Is A Commutation? Understanding The Legal Process

Case Background

In May 2009, two masked teenagers entered Reliable Discount Pharmacy in what prosecutors called a planned robbery. Prosecutors say surveillance video showed Ersland, a pharmacist, firing a shot that incapacitated Parker. He then chased away Parker’s armed accomplice; Ersland says he returned to the pharmacy to call 911, but surveillance camera captured him firing five more shots into Parker as he lay unconscious. Ersland argues that his actions were driven by fear for his life and the safety of employees inside the pharmacy during the robbery. A jury determined the second round of shots crossed the line from self-defense to murder. Ersland was convicted of first-degree murder in 2011 and sentenced to life in prison. Parker’s armed co-conspirator, Jevontai Ingram, then 14, pleaded guilty to his role in the crime. He was convicted of murder and served three years as a youthful offender. Ingram has been in trouble several times since his initial release.

Reasons for Requesting Mercy

Ersland, a military veteran, claims he acted under extreme stress and has already paid a heavy price. In his commutation application, Ersland argues his sentence is disproportionate to Ingram’s. He cites declining health and a desire to see his family before he dies.

In his plea for mercy, Ersland also describes his time in prison. He is currently in protective custody at the Oklahoma State Penitentiary.

"I am seeking commutation because without one, I will die in prison." Ersland writes. "I live isolated in a dark cell where they house death row inmates, I am in protective custody and segregated due to the high-profile nature of my case where I killed a gang member and so deemed unsafe in general population where I am at. " 

He highlights changes in Oklahoma’s self-defense laws, which now provide greater protections for individuals defending their businesses. These laws, enacted after his conviction, were influenced by his case but are not retroactive.

Prosecutors Oppose Early Release

Prosecutors have consistently argued against Ersland’s release, emphasizing the jury’s decision and the evidence that Parker was not a threat when the additional shots were fired. He received one misconduct while in prison, a 2013 contraband charge for possessing unauthorized pain medication.

A family member brought Ersland pain patches during a prison visit, he wrote in his commutation application that he was in pain at the time and did not have access to the medication he needed.

"The prison didn't stock my prescription pain medication, and I made the bad decision to try to get the medicine another way," Ersland said. "I am ashamed."

Next Steps

He was sentenced to life in prison with the possibility of parole, but he will not be eligible until 2049.

During Monday's commutation hearing, the board will not hear directly from Ersland because he is in a maximum security prison.

The first stage of the commutation hearing was held in October when members voted to advance his request to the next stage.

They will review an investigative report from the Department of Corrections and hear from prosecutors, Ersland's attorney, supporters, and protesters.

If the PPB recommends commutation, his case will proceed to Gov. Kevin Stitt for final review.

If approved, Ersland could see his sentence reduced or commuted.

Related Coverage: 'Unfortunately Made Some Choices:' Parole Board Denies Early Release For Ex-Pharmacist Serving Life Sentence