The accidental shooting and killing of a fleeing suspect set off an investigation of the Tulsa County Sheriff's Office, its Reserve Deputy program, and allegations of a "pay to play" system that showed favoritism to wealthy donors to the sheriff's department.
Now, a jury has reached a verdict and recommended sentencing for Robert Bates, the reserve deputy that mistook his service weapon for his taser and fatally shot Eric Courtney Harris, 44.
The case began on April 2, 2015, when the Tulsa County Sheriff's Department conducted an undercover sting investigation into illegal gun sales. An undercover deputy met with Harris, the suspect, to attempt to buy a gun as part of the sting. When Harris became aware that he was dealing with law enforcement, he fled.
Deputies pursued. Among them was Reserve Deputy Robert Bates, 74, a wealthy insurance executive and donor of vehicles, cash, and equipment to the Tulsa County Sheriff's Office. Bates reached for his taser in an effort to subdue Harris, but accidentally grabbed his gun instead. Video footage of the incident shows Bates firing and immediately saying, "I'm sorry. I shot him."
Defense attorneys said it was a mistake anyone could have made--a common error known as "slip and capture" that frequently happens in high-stress situations. A person intends to do one thing, but his body goes on "autopilot." He "slips" from his intended action and is "captured" by a different response.
It was a mistake, not a criminal act, his attorneys argued.
Prosecutors said that Bates never should have been at the scene in the first place. He was inadequately trained, and because of his donations to the Sheriff's Office, he was allowed to "play cop" anyway. By involving himself in the situation, reaching for either a taser or weapon when other, more highly qualified individuals were available, Bates was guilty of culpable negligence.
In the end, the jury agreed with the prosecution and found Bates guilty of second degree manslaughter. According to state law, "Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree."
The maximum sentence for second degree manslaughter is four years in prison. The jury recommended the maximum sentence for Bates. Formal sentencing is set for May 31.
