The white, 73-year-old reserve officer who “accidentally” shot and killed Eric Harris, an unarmed black man, was brought up on criminal charges on Monday. Robert Bates, a Tulsa County reserve deputy, was charged with second-degree manslaughter.
“Mr. Bates is charged with Second-Degree Manslaughter involving culpable negligence,” Tulsa County District Attorney Steve Kunzweiler said in a statement. “Oklahoma law defines culpable negligence as ‘the omission to do something which a reasonably careful person would do, or the lack of the usual ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions.’
“The defendant is presumed to be innocent under the law but we will be prepared to present evidence at future court hearings.”
The shooting occurred April 2, but video of the incident was released on Friday at the request of Harris’ family. In the video, 44-year old Harris is seen being chased and tackled by an officer after he allegedly tried to sell an illegal gun to an undercover cop.
As the officer subdues Harris, a gunshot is heard and a man, presumably Bates, is heard saying: “Oh, I shot him. I’m sorry.”
Harris begins to scream, “He shot me. Oh my God!”
A deputy replies, “You f-cking ran. Shut the f-ck up.”
When Harris is heard saying he was losing his breath, a deputy replies, “F-ck your breath.”
Harris was treated by medics at the scene, but later died at a Tulsa hospital.
Tulsa County sheriff’s officials said that Bates believed he was grabbing his Taser when he shot his gun. They say his intentions were only to incapacitate Harris.
Harris’ family said in a statement that they are “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.”
Another undoubtedly disturbing piece of this puzzle is the fact that Bates is not a real police officer.
Although Bates worked as a cop for a year from 1964-1965, he is now an insurance company executive who has been assigned to a violent crimes task force. According to the sheriff’s office, the department has about 100 reserve deputies who are often assigned to task forces like these. During the time that they’re on duty, they have “full powers and authority” of an actual deputy. Bates donated $2,500 to a reelection fund foSherrif Glanz in 2013 and served as chairman for his reelection committee, which reportedly helped earn him his spot as a reserve officer.
This reserves system is used in many cities across the U.S. and the officers are given varying levels of training to qualify. They help local police by volunteering their services and sometimes even bringing their own weapons. Some police departments outright ask for donations in exchange for the positions, such as the Oakley, Mich. police department.
Actual police officers seem to have mixed feelings about the use of reserve officers. On the one hand, they acknowledge the help they can provide to departments, on the other hand, they recognize that they may not be fully-equipped to do the job. One officer seemed to encapsulate both sides of the debate:
“The reserve program is great for departments to fall back on,” one PoliceOne member, Gordon Corey, said. “Even though most reserves are limited commission, if you have full-commissioned officers who are willing to still volunteer as reserves, that gives departments the opportunity to utilize these officers to fulfill call-ins and vacations from full-time officers. With this option, departments won’t have to worry they will make the wrong decision. With reserves who are just reserves and have full time jobs other than law enforcement jobs only make decisions based on what they learn in the reserve police academy which is far less than what a full time officer is taught in the police academy.”
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 caught up in the moment that he didn’t think clearly about what was in hands.
However, Dan Smollen, the lawyer for the Harris family, insists that is a mistake that should have never been made. Speaking at a news conference on Monday, Smollen displayed a model of the handgun that was used to shoot Harris next to a model of the yellow taser Bates allegedly thought he was grabbing.
“There is absolutely no way, if Mr. Bates had been trained at all … that an officer who is trained would never get these two weapons confused,” Smollen said.
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