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Killed eric harris say they are encouraged prosecutors file a manslaughter against deputy bates but can see it s cold comfort. the judgment for him to be involved in that kind of scuffle, here is what harris brother told us earlier this morning. there was enough people on top of my brother, knees in his head to not even have to use a taser for it to be that many people around him, and him go to use a taser, really didn t make any sense. and then with the taser being yellow and on his chest, for him to statute my brother with a .357 makes no sense to me, and i think it was it was overkill. let s talk more about this with cnn legal analyst and legal defense attorney paul kau win. ....
he shot him! he shot him! he shot me! i m losing my breath. eric harris would later die at the hospital. the deadly shot fired by the reserve deputy, robert bates. and harris resisted arrest bates told investigators he made a quick decision to use the taser. i remember thinking i have to deploy it rapidly as i thought he might still have a gun. he realized he used his gun instead. adding to the volatility here bates is not a full-fledged sheriff s deputy and is a certified peace officer, and he has been a long-time benefactor ....
Question, just exactly what was a 73-year-old reserve deputy doing being involved in a sting operation of this kind of magnitude? i got you. reporter: it began as an undercover sting. eric harris caught on tape allegedly selling an illegal handgun. as tulsa county sheriff deputies race in to arrest him, harris takes off running. deputies not far behind catch harris and tackle him to the ground. roll on your stomach. now. [ gunfire ] i shot him. i m sorry. oh oh! [ inaudible ] [ bleep ]. he shot me. he shot me! i m losing my breath. reporter: eric harris would later die at the hospital. the deadly shot fired by reserve deputy robert bates. cnn obtained the statement bates ....
His attorney calls it excusable homicide and calls the blunder an act of misfortune and it talks about training and their qualifications to be in the middle of life and death situations. good morning, ed live in tulsa. reporter: as those questions swirl around this case and the tulsa county sheriff s department we have been told by the attorney of robert bates that he is supposed to turn himself in sometime today to the authorities he works for. he was caught on tape allegedly selling an illegal handgun, and harris takes off running and deputies not far behind catch harris and tackle him to the ground. roll to your stomach, now. i just shot him. i m sorry. ....
Their life for an accident? well will a jury actually convict him? i tend to agree with paul. this is a very difficult case to get a jury to bite on to and want to send a 73-year-old guy who is volunteering his time, and clearly in his mind made a mistake, that s one issue. but do they have a duty to charge him? can they make the case out under the law? absolutely they can. i started out by saying no jury would ever convict him. that doesn t mean they shouldn t put this through the criminal justice system. when that man, mr. harris is on the ground and he has been shot one of the police officers wrestling with him says upl, you know mr. harris says i am having trouble breathing, i am losing my breath, and the officer says you know, f your breath and he knows he has been shot. that seems disgraceful. ....