A former Tulsa County Sheriff's Office Reserve Deputy was sentenced this week for the accidental shooting death of a suspect in an illegal gun sale.
Robert Bates, 74, was charged with second degree manslaughter after he shot and killed Eric Harris as Harris attempted to flee the scene of an undercoveroperation investigating illegal gun sales. As Harris ran away, Bates fired a single shot, which fatally wounded the suspect. Bates is heard on videoof the arrest saying, "I'm sorry. I shot him." The reserve deputy thought he was reaching for his taser rather than his gun and did not intentionallyshoot Harris.
Last month, a jury found Bates guilty of second degree manslaughter, finding him to have "culpable negligence" in the shooting of Harris. The jury recommendeda sentence of four years in prison--the maximum sentence for second degree manslaughter.
At a sentencing hearing, the victim's son spoke about the difficulty of life without his father; on the other side, Bates supporters asked for leniency,saying the former reserve deputy was an upstanding community member who had no intention of shooting, much less killing, the fleeing suspect.
Bates's defense tried to present evidence that probation, rather prison, was the standard punishment in second degree manslaughter and argued that themaximum sentence recommended by the jury was akin to a life sentence, given Bates's age and health condition.
The defense also filed a stack of letters from community members supporting Bates and asking for leniency. One of the letters reportedly came from a juror,who said that he or she feels "in my mind and heart"that Bates is not guilty of manslaughter. Although the jury recommended four years in prison, this juror's letter requested probation only for theman.
After considering the witness testimony, Tulsa County District Judge William Musseman acknowledged the good Bates had done in his lifetime, but insistedthat actions must have consequences. He said that a man was dead "because [Bates] didn�t know what weapon he had in his hand," and that the formerreserve deputy found himself in the position he was in as a result of his own decisions.
Judge Musseman followed the jury's recommendation and sentenced Bates to four years in prison.
The defense intends to appeal Bates's conviction.
