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On April 2, 2015, 43-year-old African-American Eric Courtney Harris was fatally shot during an undercover sting in
Tulsa, Oklahoma Tulsa () is the second-largest city in the state of Oklahoma and 47th-most populous city in the United States. The population was 413,066 as of the 2020 census. It is the principal municipality of the Tulsa Metropolitan Area, a region with ...
, as Harris ran from authorities unarmed. While Harris was being subdued, Tulsa County Reserve Deputy Robert Charles Bates, 73, confused his personal weapon, a
Smith & Wesson Smith & Wesson Brands, Inc. (S&W) is an American firearm manufacturer headquartered in Springfield, Massachusetts, United States. Smith & Wesson was founded by Horace Smith and Daniel B. Wesson as the "Smith & Wesson Revolver Company" in 1856 ...
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revolver, for a Model X26
Taser A taser is an electroshock weapon used to incapacitate people, allowing them to be approached and handled in an unresisting and thus safe manner. It is sold by Axon, formerly TASER International. It fires two small barbed darts intended to ...
. Bates shot Harris in the back when he was on the ground. According to the Tulsa County Sheriff's office, he immediately said afterwards, "Oh, I shot him! I'm sorry." Bates was found guilty of second-degree manslaughter (unintentional homicide resulting from criminal negligence) and sentenced to four years in prison, and was released after serving 18 months.


Aftermath

It was later determined that Harris did not have a gun when he was tackled and shot. A sunglasses-camera video shows his arms flailing as he runs. Bates was later charged with second-degree manslaughter. Harris family attorney Donald Smolen said the sunglasses video shows Deputy Bates with a yellow Taser strapped to his chest and a .357 revolver in his right hand as he stands over Harris. "There is absolutely no way, if Mr. Bates had been trained at all, which I believe will be reflected ultimately through the lack of records to substantiate his training, that an officer who was trained would
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get these two weapons confused," Smolen said. In the video, Harris can be heard saying, "I'm losing my breath," to which 38-year-old Deputy Joseph Byars replies, "Fuck your breath." 24-year-old Deputy Michael Huckeby is also shown in the video kneeling on Harris' head as the dying Harris is told, "You shouldn't have ran," and "Shut the fuck up." A third deputy restraining Harris was not identified. Tulsa Police Sgt. Jim Clark, hired as an "expert witness" for the sheriff's department, said at a news conference on April 10, 2015, that Bates "was a true victim of
slips and capture Slips and capture is a type of error that may occur in high-stress situations. It has been described as a phenomenon in the psychology of human error, such that a person may inadvertently perform one action while intending to do another. The term ...
", and that it was typical for law enforcement officers to experience diminished hearing, tunnel vision, or go into "autopilot", where a person's behavior "slips" off the path of his intention because it is "captured" by a stronger response and sent in a different direction. "Bates didn't commit a crime," Clark said, and no policy violations occurred. Smolen told the ''
Tulsa World The ''Tulsa World'' is the daily newspaper for the city of Tulsa, Oklahoma, and primary newspaper for the northeastern and eastern portions of Oklahoma. Tulsa World Media Company is part of Lee Enterprises. The new owners announced in January 202 ...
'' that Clark's ruling was "premature and ill-advised", challenging a report that Harris was "uncooperative and combative" as firefighters attempted to administer aid, and Harris could hardly be combative since he was struggling with labored breathing and his hands were cuffed. "It's most likely the word 'combative' is being used because that's what they're being told by the Sheriff's Office," Smolen told the World. "The other alternative is their use of the word combative is more a description of Mr. Harris struggling to get air and kind of writhing in pain from the gunshot wound."


Bates' qualification scandal

The Tulsa Police Department immediately sought to clarify their relationships with both Bates and Clark. "Robert Bates has no current affiliation with the Tulsa Police Department and has not had any in 50 years," TPD said in a press release. "Additionally, Mr. Jim Clark, a consultant for the Tulsa County Sheriff, does not represent the Tulsa Police Department nor has the Tulsa Police Department conducted an assessment of this incident." Later that week, the ''
Tulsa World The ''Tulsa World'' is the daily newspaper for the city of Tulsa, Oklahoma, and primary newspaper for the northeastern and eastern portions of Oklahoma. Tulsa World Media Company is part of Lee Enterprises. The new owners announced in January 202 ...
'' reported that supervisors at the Tulsa County Sheriff's Office had been ordered to falsify Deputy Bates' training records. Sheriff's spokesperson Shannon Clark later said the documents wouldn't matter because Bates, who donated $2,500 to and chaired Sheriff Stanley Glanz's re-election campaign, had been granted special exceptions. In 2008, Bates had also donated substantial new equipment to the sheriff's department, including new
Dodge Charger The Dodge Charger is a model of automobile marketed by Dodge in various forms over seven generations since 1966. The first Charger was a show car in 1964. A 1965 Charger II concept car resembled the 1966 production version. The Charger has ...
s and a
Crown Victoria The Ford Crown Victoria ("Crown Vic") is a full-size sedan that was marketed and manufactured by Ford. The successor to the Ford LTD Crown Victoria, two generations of the model line were produced from the 1992 to 2012 model years. The Ford ...
, as well as a computer for one car, and a $5,000 "forensic camera" and lenses. In 2010, Bates donated a used 2007
Ford F-150 The Ford F-Series is a series of light-duty trucks marketed and manufactured by Ford since the 1948 model year. Slotted above the Ford Ranger in the Ford truck model range, the F-Series is marketed as a range of full-sized pickup trucks. ...
and a new 2010
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, plus a Motorola hand-held radio "...to be used by the drug unit for surveillance work," according to department records. The next year he gave the department a used 1997
Toyota Avalon The is a full-size sedan produced by Toyota. It is Toyota's largest front-wheel drive sedan and serves as its flagship vehicle in the United States, Canada, China and the Middle East. It was also produced in Australia from April 2000 until Jun ...
intended for "...use as an undercover car by the drug task force." Glanz said during an interview with a radio station that the sheriff's deputy who certified Bates had moved on to work for the
Secret Service A secret service is a government agency, intelligence agency, or the activities of a government agency, concerned with the gathering of intelligence data. The tasks and powers of a secret service can vary greatly from one country to another. For ...
, while the Maricopa County Sheriff's Office denied providing Bates with the training he claimed. Glanz resigned, effective November 1, 2015, as a result of the scandal around Bates' lack of legitimate qualification. An election to replace him was held on March 1, 2016. In 2016 he pleaded guilty for failing to release information that proved the department knew Bates to be unqualified. Glanz was sentenced to one year in jail, but his sentence was suspended.


Legal proceedings

On April 14, 2015, Bates was charged with second-degree manslaughter (unintentional homicide resulting from criminal negligence). He turned himself in at the Tulsa County Jail, where he was released on the same day, having posted $25,000 bail. The charge of second-degree manslaughter carried a maximum of four years in prison. Bates pleaded not guilty on April 21, 2015. On April 28, 2016, Bates was found guilty. Based on the jury's recommendation, he was sentenced to four years in prison. Bates was released from prison on October 19, 2017, after serving 37% of his sentence, including jail time. In January 2018, Bates was photographed by a customer who was familiar with him, as he had been apparently drinking wine at a bar in contravention of the conditions of his parole from prison. His bar receipt was also photographed. In March 2018, Tulsa County agreed to pay the family of Eric Harris $6 million as a final settlement of a federal lawsuit.


References

{{DEFAULTSORT:Harris, Eric African-American history in Tulsa, Oklahoma American manslaughter victims Victims of police brutality African-American-related controversies African Americans shot dead by law enforcement officers in the United States 2015 in Oklahoma Filmed killings by law enforcement Deaths by firearm in Oklahoma Black Lives Matter Police brutality in the United States April 2015 crimes in the United States April 2015 events in the United States History of racism in Oklahoma Law enforcement in Oklahoma