A pharmacist defending himself from gun-toting robbers by fatally wounding one, was found guilty of first-degree murder, as reported by the Wall Street Journal.
J.E., 59, was found guilty of murdering A.P., 16, in May of 2009 when the youth entered his pharmacy to rob him at gunpoint.
J.E. shot his own weapon and the bullet, as alleged by prosecutors, struck A.P. in the head.
It was after the fatal wound, and while being taped by his own security surveillance camera, that J.E. fired his gun an additional five times – while the victim was allegedly unconscious.
Defense for J.E. argued that their client was within his rights to defend himself but the jury, after deliberating for a little over 3 hours, thought otherwise.
The jury handed down a verdict of guilty of murder in the first-degree. J.E. is now facing life in prison.
Over 20 states, including Oklahoma where this incident occurred, have what are called “Castle Laws.” A “Castle” refers to a home or business and the rights of the homeowner or business owner to protect their castle – even if that protection requires them to use deadly force when they are threatened.
Gary Kleck, a criminology professor at Florida State University, stated that that when someone kills an intruder the case rarely goes to trial. Kleck said that was because investigators “rarely have the benefit of videotape.”
The surveillance film showed J.E. firing his gun once and A.P. dropped to the floor. J.E. then chased the other robber from his store, walked past A.P., retrieved another gun from a drawer and shooting several more bullets.
All that is seen in the video, of the second shooting, is J.E. aiming down toward the floor.
The jury had to only decide if A.P., from his position on the floor, was a further threat to J.E.
Randy Coyne, a law professor at the University of Oklahoma, said that Oklahoma law allows a person to use deadly force – until the menace has passed. He agreed with the jury’s verdict.
J.E. claimed that A.P. was still moving after the first shot and he still considered him a dangerous threat.
Before the verdict came in many Oklahoma City residents, including state Senator Ralph Shortey, hailed him as a hero. Shortey introduced the “(J.E.) Act” that would increase the amount of protection for citizens that kill, or wound, someone while protecting himself or herself.
Shortey had said, “The person who came in brandishing the firearm was not the victim, but we're trying to make him the victim.”
Opponents to these ideas were other residents, and the jury, that said that the right to self-defense doesn’t include killing someone once they are defenseless.
Garland Pruitt, the president of the NAACP’s Oklahoma City chapter said, “We don't condone robbery in any form or fashion, but we don't condone murder either.”
The victim’s mother, C.J., has filed a wrongful death suit. She is accusing J.E. of negligence and is seeking a monetary award for damages.
Facing criminal charges require the assistance of a knowledgeable litigator. Contact a criminal defense attorney with the experience you need.
