(Newswire.net — April 21, 2016) — Tulsa, Oklahoma – A reserve police deputy, Robert Bates, has been charged with second-degree manslaughter for killing an unarmed suspect that had already been wrestled to the ground by another police officer on the scene.
In the opening statement in his trial on Wednesday, Bates’ defense attorney said that the 74-year-old reserve deputy intend to use his stun gun, Reuters reported.
It was an unintentional shooting as the deputy mistook his gun for a taser and shot the suspect, according the defense attorney.
A police body-cam recorded the incident, which raised racial bias questions in law enforcment. The video shows a Tulsa County deputy run after the suspect, later identified as 44-year-old Eric Harris, and subdue him to the ground.
Then a voice, identified as 74-year-old reserve deputy Robert Bates, says “Taser, Taser.” A gunshot is heard followed by Bates apologizing “Oh, I shot him. I’m sorry.” Harris is then heard screaming, “He shot me. Oh my God.”
Eric Harris, 44, was fleeing from deputies last April in Tulsa during a sting operation targeting illegal gun sales.
Although Harris was already subdued when he was shot, the defense attorney said Bates had justified reasons to use a taser.
“This was a proper use of force,” defense attorney Clark Brewster told jurors. “He was justified using a Taser. There was no question he thought he had a Taser.”
If found guilty as charged, Bates could get up to four years in prison.
In a trial that is expected to last two weeks, the prosecutors said Bates’ actions were tantamount to professional negligence which led to an unarmed man being shot. The man died later in hospital.
The incident led to the suspension of the reserve deputy program and the resignation of Tulsa County Sheriff Stanley Glanz after an investigation into the sheriff’s department.