OKLAHOMA CITY (AP) — The Oklahoma Court of Criminal Appeals has denied a request for a new trial judge by a pharmacist accused in the fatal shooting of an unarmed 16-year-old would-be robber.

The appeals court ruled Thursday that Jerome Ersland hadn't established a clear legal right for relief.

Oklahoma County prosecutors charged Ersland with first-degree murder in the 2009 death of Antwun Parker, who was killed when he and another teen tried to rob an Oklahoma City pharmacy.

Ersland's attorney, Irven Box, wanted District Judge Ray Elliott taken off the case because, among other things, Elliott used a derogatory term regarding illegal Hispanic immigrants.

Box says he's disappointed with the ruling, but will continue to seek the removal of District Attorney David Prater from the case.

Prater declined comment.