Punishing the innocent and protecting the guilty

The title of this post is arguably a misnomer, as you will see, but I think the question it suggests is nevertheless sound.

I have been following the case of Jerome Jay Ersland, a case which has some interesting issues of law, crime and common sense.  The Oklahoman has been on the case and has a substantial archive, so you can "check my work" there.

The facts, as best as can be determined from news reports, are these:  On May 19, 2009, two teenagers attempted a holdup of Reliable Discount Pharmacy in Oklahoma City.  As the second robber to enter the store, Antwun "Speedy" Parker, 16, was putting on his mask, Ersland, 59, shot him once in the head.  Unconscious, the unarmed Parker fell to the floor.  The other robber, Jevontai Ingram, then 14, who was armed and had entered the store before Parker, fled.  Ersland chased Ingram for about a minute, but did not catch him.  Ersland then returned to the store, got a second gone, and then shot Parker five more times in the abdomen. 

The coroner's office determined that the wounds in the abdomen were the cause of Parker's death.  The part of the incident inside the drug store was caught on and recorded by security cameras.  That Parker and Ingram were trying to rob the store is not in dispute.
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