Tuesday, April 14, 2015
Associated Press
OKLAHOMA CITY
Prosecutors charged a reserve deputy sheriff with manslaughter Monday in the death of a man who was fatally shot as he lay on the ground at the officer’s feet — a shooting that was certain to raise questions about the use of volunteer officers to supplement full-time police.
The sheriff’s office has said Robert Bates, a 73-year-old insurance executive who was volunteering on an undercover operation in Tulsa, mistakenly pulled out his handgun instead of his stun gun and shot the suspect as he struggled with deputies.
Bates, who is white, was charged with second-degree manslaughter involving “culpable negligence” in the April 2 death of Eric Harris, a 44-year-old black man. If convicted, he could face up to four years in prison.
It was the latest fatal shooting by a police officer to draw national attention after months of investigations and protests of other deaths in Ferguson, Mo., New York City, Los Angeles and elsewhere.
A video of the incident shot by a deputy with a sunglass camera and released Friday at the request of the victim’s family, shows a deputy chase and tackle Harris, who they said tried to sell an illegal gun to an undercover officer.
As the deputy subdues Harris on the ground, a gunshot rings out and a man says: “Oh, I shot him. I’m sorry.”
Harris screams: “He shot me. Oh, my God,” and a deputy replies: “You f---ing ran. Shut the f--- up.”
When Harris says he’s losing his breath, a deputy replies, “F--- your breath.”
Harris was treated by medics at the scene and died in a Tulsa hospital.
The family said in a statement that it was “saddened, shocked, confused and disturbed.”
“Perhaps the most disturbing aspect of all of this is the inhumane and malicious treatment of Eric after he was shot,” the family wrote. “These deputies treated Eric as less than human. They treated Eric as if his life had no value.”
At a news conference Monday, Andre Harris, the victim’s brother, said he does not believe the shooting was racially motivated.
A telephone message left Monday with Bates’ attorney, Scott Woods, was not immediately returned.
Tulsa Police Sgt. Jim Clark, who investigated the shooting as an independent consultant at the request of the sheriff’s office, concluded that Bates had been so engrossed in the stress of the moment that he did not think clearly about what he had in his hand.
The use of reserve officers is commonplace across Oklahoma and much of the nation. Cities and counties often turn to them for extra manpower because of a lack of resources and tight budgets. They are sometimes used to free up regular officers to concentrate on high-priority duties.
Reserve deputies are permitted to carry firearms but have far less training than regular officers.
About 4,000 reserve officers are active in Oklahoma, according to the Council on Law Enforcement Education and Training. Most are unpaid and volunteer simply out of a sense of civic duty, said council Director Steve Emmons.