bob bates was named oklahoma deputy of the year in 2011. he has now been released on $25,000 bail. kevin tibbles, nbc news, tulsa. >>> now to another case we've been following, the friend who was in the car with walter scott minutes before a south carolina police officer fatally gunned scott down is speaking out. pierre fulton was identified monday as the man in scott's passenger seat. folton released a statement saying he doesn't know why scott ran off during a traffic stop. he says, "he didn't deserve to die." >>> a developing story tonight in salt lake city where an incredibly powerful dust storm turned deadly, blinding drivers, they toppled several tractor-trailers on the highway. nbc's hallie jackson reports. >> reporter: this is what it looked like during a deadly dust storm that killed at least one person and hurt 25 others. zero visibility, with wind gusts up to 70 miles an hour, whipping up dust so thick, state police say a semitruck had to stop on the highway. that triggered a chain reaction, as many as eight big rigs, about a dozen cars part of the pileup. >> the dust wa

also nearby 73-year-old reserve deputy bob bates. bates is heard warning that he was going to use a taser. >> now. >> reporter: but instead of the crackle of a taser, a gunshot is heard. bates apologizes. >> i shot him. i'm sorry. >> reporter: a dying harris complains he is losing his breaths and hears this in response. >> [ bleep ] your breath. >> reporter: harris died later in a hospital. the police said bates mistook his gun for a taser, but the district attorney decided to charge him with manslaughter. >> there's no way an officer can get this confused with this. >> reporter: harris' brother said police offered to make things right before he called a lawyer. >> i wouldn't have hired counsel if the google glasses wouldn't come out. we wouldn't be here now getting justice for my brother. >> reporter: andre harris says he does not believe the shooting was racially motivated, but was sad one of the last words his brother heard was an expletive. >> bob bates is charged with second degree manslaughter. so if convicted, he could face up

kevin tibbles has mo >> today 73-year-old bob bates, the part time tulsa deputy sheriff was formally charged with second degree manslaughter. >> i feel they're unwarranted and shouldn't >> he was acting as backup when the suspect bolted. 44-year-old eric harris was selling an illegal gurn. a scuffle ensued. picked up by police body cam. bates pulled what he says he thought was his taser, but instead fired his gun. >> he later died bates claims in the heat of the moment he mistook his pistol for his taser. there are more than 100 reserve deputies with the tulsa sheriff's office nationwide that number is about 50,000. in many jurisdictions, reservists make financial contributions to the department. bates has contributed thousands. >> if you have enough money, you get to go play cop. >> the sheriff's office says bates had once been a police officer, and has had more than 400 hours of training as a reservist. logging 3,000 hours of service. >> he was not playing anything. he was there like the other officers doing their job, that he's play acting? no he was there to help. >> the reserve

and the sheriff's department says that essentially bob bates confused his taser for his small hand gun that he had on him and they've gone through great lengths to explain how that could have happened. >> and if you would, let us know what they're saying as far as how that could have happened, how he confused his gun for his taser. >> well they say it was very quick situation, that they -- the officers believed that the suspect, who ended up dying, that he still could have been armed and had a gun on him and that there was a small window of opportunity for bob bates to deploy his taser. they say both the taser and the small hand gun he had on him weighed about the same and in that split second, you know, they said it's very possible for someone to react and confuse those two different weapons in a situation like that. they went through a -- over the last couple days, sheriff's deputies have put on a show and tell and description from the outside consultant who came in and advised them to look into the case for the tulsa county sheri sheriff's department. they're going to great lengths

he was there to help. >> bob bates was named deputy of the year here in oklahoma in 2011. today, he was released on $25,000 bail. lawrence, back to you. >> joining us now is clark, the attorney representing reserve deputy robert bates. mr. brewster thank you very much for joining us tonight. i really appreciate it. >> you're welcome, lawrence. >> now, you have said that you believe your client should not be charged with anything. >> correct. >> what is the basis for that? >> well the shooting wasn't -- was just a mistake. i mean he was attempting to render aid through a taser and drew his weapon by mistake. before shooting he alerted the other deputies that he was going to use the taser. he said taser, taser. as soon as he shot he sxlamd he had made a mistake. he has been transparent throughout. it was a -- it was a mistake. it was an error. it was not intentional. there was no criminal intent. >> well, if the mistake was a defense against man slaughter charges, then the thousands of people we have around the country who are in jail serving time tonight for automobile accid

also nearby 70-year-old bob bates, bates is heard warning that he's going to use a taser. but instead of a crackle of a taser, a gunshot is heard. bates apologizes. >> shot him, i'm sorry. >> reporter: a dying harris claims he's losing his breath, and here's this in response. >> -- your breath. >> reporter: the district attorney decided to charge bates with manslaughter. >> there's no way an officer can get this confused for this. >> mr. bates is a former tulsa police officer. he's highly trained. hundred us of hours of training. he's probably one of the more trained reserve officers in the entire place. >> reporter: bates' attorney was asked about his client's donations to the sheriff's department. >> the fact that he's been benevolent towards the sheriff's department that has given to the city. and we have a lot of great citizens of tulsa that have given to the police department. that's not to be criticized or belittled. >> reporter: harris' brother said bates offered to make things right. >> we wouldn't be here now getting justice for my brother. >> reporter: andre harr

bob bates's file. >> ed thank you so much for the reporting. we'll stay on this.eviewing their entire volunteer officer program to see if it is being managed correctly. also this story, we have new information on what happened before a police officer used his cruiser to take down a man with a rifle. miguel marquez walks us through video, as well as new questions about how walmart handled the incident. >> man down. >> reporter: did this ever need to happen? >> oh, my god. >> reporter: new video shows a prevention officer telling police officers on the scene the gun this man had just stolen had a safety lock on it and couldn't be. fured. >> it's locked. he can't get the lock off. i'm positive. it's locked. >> reporter: ten seconds later. the walmart lost e prevention officer wearing shorts and sandals listening to the radio has his young son along for the ride. police finally yell at the employee, back off. minutes earlier, a mentally unstable on a crime spree all morning is handed a rifle by a walmart clerk who told police he seemed normal. in the video you can see

that's when 73-year-old reserve deputy bob bates shot him and killed him. said he thought he'd pulled out his taser. >>> search teams back in the water near the about i don't care bridge today. a -- antioch bridge today. a motorcycle rider was tossed into the water yesterday after a crash on the bridge. witnesses say they saw the rider hit the water but hours of searching turned up nothing. >>> and two people injured in berkeley this morning during an apparent shootout. it happened about 2:00 a.m. near ashby and shaddock, police it looks like shots were fired back and forth between two vehicles, two men were taken to the hospital and no word yet on their condition. >>> i'm ryan takeo live at at&t park. the field is pretty much set here for opening day. the giants' home opener. they just got to chalk the field and all that good stuff. here's a look at what the first 40,000 fans are going to get this replica pennant. the giants are going to raise their -- the pennant from last year's world series championship the third championship in five years. want to show

bob bates is one of them.-- there was no training necessary under the circumstances of his duty assignment that day, except to facilitate and help. this guy after having guns draw up bolted from the arrest ran two blocks and then fought with officers. bates -- happened right at the side of bates' car, captured on video. he came out, tried to use a taser to subdue him and mistakenly had his happened gun, immediately owned up and confessed the mistake. all right, clark brewster i appreciate your time. thank you very much sir. >> thank you, erin. >>> all right, now "out from the" next former nfl star forced to face reality in a maximum security prison. want to know exactly what life will be like in that prison. we are going to show you exactly. >>> plus, the new family business getting rich off of reefer. how a basement project has one company making millions and millions and millions. your eyes depend on a unique set of nutrients. that's why there's ocuvite. ocuvite helps replenish key eye nutrients. ocuvite has

the harris family released a statement tonight saying we appreciate bob bates' apology for shooting and killing eric. unfortunately, mr. bates' apology will not bring eric back. we remain vigilant in seeking the truth and in our pursuit of justice. >>> we're following a developing story in iraq. tonight the state department condemned a car bombing outside the u.s. consulate in irbil. the explosion killed three people but no one inside the consulate. kurdish medical official told nbc news 12 others were wound including an american woman who taught at a local primary school. isis claimed responsibility for the car bomb which went off in a predominantly christian neighborhood full of cafes. >>> the national mall is expected to be packed this weekend. up next at 11:00, the free concert that is drawing some major headliners and world leaders. plus the heartless crime caught on camera. someone steals a little boy's wheelchair but tonight he got some help. >> and your first 4 traffic tonight, beltway between springfield and the eisenhower connector still with >>> tonight a little boy in langle

. >> reporter: the man who pulled the trigger is 73-year-old bob bates, an insurance broker who volunteers as a reserve deputy. the sheriff's office says he mistakenly pulled his handgun instead of his taser and fired. harris died later. >> he believed he had a less lethal device in his hand and he was going to administer a less lethal taser probe when in reality he had a firearm in his hand. >> reporter: the sheriff's office says reserve deputies are members of the public, doctors, bankers, even retired police officers who receive varying degrees of training. bates donated thousands of dollars in equipment, and the authorities say his role in this operation was in a backup capacity. >> if he had as much training as he supposedly had, he would definitely know a .357 from a taser. >> reporter: while a sheriff's office investigation recommended bates not be charged, late today the tulsa county district attorney did charge him with second degree manslaughter. kevin tibbles, nbc news, chicago. >>> the images from that tulsa shooting emerge less than a week after the country saw video of an off

during the struggle police say 73-year-old reserve deputy bob bates mistook his taser gun for his handgun fired at harris. bates could be heard admitting to the shooting and apologizing right after. >>> in a newly uncovered audio recording, the south carolina police officer charged with killing an unarmed black man is heard laughing just minutes later. >> before you get home, probably be a good idea to jot down your thoughts of what happened. your adrenaline. >> officer michael slager's dash cam captured his conversation with another officer following the shooting death of 50-year-old walter scott earlier this month. meanwhile the actions of the second officer on scene are also being scrutinized. critics say clarence habersham left out key details in his report. they question whether he did enough to help scott. >>> a dream cruise has turned in to a nightmare for more than a hundred passengers off the coast of mexico. the cdc says they were sickened by the gastrointestinal illness nor ovirus. six crew members on the celebrity infinity also got sick. celebrity cruises sprang in to action,

the man who pulled the trigger, 73-year-old bob bates, an insurance broker who volunteers as a reserve deputiy. the sheriff's department has called the shooting an accident. they say he had 400 hours of training since 2007. the victim's brother questions whether bates should have even been there at all. >> if he had as much training as he supposedly had, he would definitely know a .357 from a taser. >> on the heels of recent police shootings georgia congressman hank johnson took to the house floor yesterday with some pretty strong language. >> thank you, mr. speaker. it feels like open season on black men in america, and i'm outraged. in fact, all americans are at risk when bad actors in law enforcement use their guns instead of their heads. >> the congressman then called for reforms before reading off the list of names of several people killed by police including michael brown and tamir rice. >>> an ex-nfl star is accused of murdering his prison cellmate. california prison officials say lawrence phillips is a suspect in the death of damion soward, he was found unresponsive in his cell

>> reporter: among the officers chasing harris, 73- year-old volunteer reserve deputy bob bates. >> now. >> reporter: bates with be heard yelling taser just before a shot was fired. according to sheriff's investigators, bates thought he pulled his taser instead of his gun. immediately afterwards you hear him apologize. >> i shot him. i'm sorry. >> reporter: as harris lay bleeding he complained of being unable to breathe. >> i'm losing my breath. >> reporter: someone replied. >> [ bleep ] your breath. >> reporter: harris was taken to a hospital and died. >> at first the department defended bates saying he made a mistake in the heat of the moment, but today the district attorney disagreed charging him with second degree maps. betty yu, kpix5 -- manslaughter. betty yu, kpix5. >>> the south carolina officer charged with killing an unarmed black man laughed about his adrenaline rush after the shooting. >> about the time you get home probably be a good idea to kind of jot down your thoughts of what happened once you -- the adrenaline quits pumping and stuff. >> it's pumping. [ laughs ] >> oh,

and in oklahoma bob bates, who killed an unarmed suspect on the run, is out on bond. he fired his gun instead of his taser during an undercover sting operation pfs he was charged with second degree manslaughter. >>> a big plit u call break through in the u.s.-iran nuclear agreement. the white house and congress have struck a deal. they voted 19-0 on a new bill. it gives congress a say after negotiations are done on june 30th. congress would then get 30 days to review the deal. if it wants the congress can put up a resolution but senate approval would require u 60 votes. >>> now to another big issue congress will have to consider. a major advance in our country's relationship with cuba. president obama wants to cross castro's cuba off the list of countries the u.s. considers sponsors of terrorism, a list that also includes iran and syria. edward lawrence is in washington for us this morning. does congress have any say in this one? >> congress can't interfere with the decision, but they can try to block the move within the next 45 days. they have to come up with a resol

prosecutors charged bob bates with manslaughter today.es shot and killed eric harris during an undercover operation on april 2nd saying he accidentally grabbed his gun instead of his taser. family members say they were disturbed by how other deputees on seen treated harris' life as if it had no value. >>> tonight the manhunt is on for a gunman who shot and killed a print shop director at wayne community college in north carolina. officers locked down campus buildings in golds worry and conduct add room by room search this morning. authorities say former student kenneth stan sill killed ron line inside his print shop. stan sill has a tattoo over his left eye and the 20-year-old was a work study student who reported to lane. police have not released a motive for that shooting. >>> right now kathy is in the weather center tracking some rain and also the threat of flooding kathy. >> that's right, jess. we're talking about a large area of real estate with a lot of moisture. this tapping into the gulf of mexico. so mild ahead of this cold front

in oklahoma yesterday, bob bates, the tulsa deputy sheriff who killed an unarmed suspect on the run, is out on bond. the 73-year-old reserve deputy fired his gun instead of his taser during an undercover sting operation. he was formally charged with second degree manslaughter. >>> a big political breakthrough in the u.s.-iran nuclear agreement, the white house and congress have struck a deal. the foreign relations committee voted 19-0 on a new bill that gives congress a say after negotiations are done on june 30th. congress would then get 30 days to review the deal. if it wants, congress can put up a resolution against the deal, but senate approval would require 60 votes. if the president vetoes the resolution, two-thirds of the senate would be needed to overturn it. >>> now to another big issue congress will have to consider, a major advance in our country's newly restored relationship with cuba. president obama wants to cross castro's cuba off the list of countries u.s. considers sponsors of terrorism. a list also includes nations like syria and iran. nbc's edward lawrence is in wa

among the officer chasing was 7 the 3-year-old volunteer reserve deputy bob bates. bates can be heard yelling "taser" just before a shot was fired. according to sheriff's investigators, bates thought he pulled his taser instead of his gun. immediately afterwards, you hear him apologize. >> i shot him. i'm sorry. >> reporter: as harris laid bleeding, he complained of being unable to breathe. >> i'm losing my breath. >> reporter: no one replied. bates had previously worked for the saul is a police department in one year from 1964 to 1965. he became a reserve deputy at the sheriff's office in 200. at first the department defended him, saying he made a mistake in the heat of the moment. but the district attorney disagreed, charging bates with manslaughter. dan smolen is the attorney for the harris family. >> everyone wants the believe law enforcement. everyone wants to live in a world where you feel protected by law enforcement. the problem is if that has become so mutated over time. >> reporter: an draw harris is the victim's brother. >> he was loving. he was caring. a

. >> reporter: among the officers chasing harris, 73-year-old volunteer reserve deputy bob bates. >> now. >> reporter: bates can be heard yelling taser just before a shot was fired. [ sound of gunfire ] according to sheriff's investigators, bates thought he pulled his taser. instead of his gun. immediately afterwards, you hear him apologize. >> oh. i shot him. i'm sorry. >> reporter: as harris laid bleeding, he complained of being unable to breathe. >> can you hear me? >> i'm losing my breath. >> reporter: someone replied. >> [ bleep ] your breath. >> reporter: harris was taken to the hospital and died. betty yu, kpix 5. >> at first, sheriff's department defended bates saying he made a mistake in the heat of the moment but yesterday, the district attorney disagreed charging him with second degree manslaughter. >>> a nine day march against police brutality is underway on the east coast. it's being called a march to justice. about 100 people are making the entire 250-mile walk from new york to washington, d.c.. others are joining for different legs along the route. the march started ye

on april 2nd, a reserve sheriff's deputy named bob bates chased down and tackled 44-year-old eric harris. you can see from the body camera here. he allegedly had tried to sell an inlegal gun to an undercover cop. as other officers joined the struggle the deputy pulled out what he thought was a taser. [ sound of gunfire ] >> officers continued to cuff harris when he complained he was losing his breathing he was taken to a hospital where he later died. the sheriff says the reserve deputy did not commit a crime because he was under duress and he mistakenly pulled the gun instead of his taser. >>> hillary clinton has now thrown her hat into the ring in the 2016 presidential contest. >> everyday americans need a camon. and i want to be that champion. >> clinton kicked off her campaign for the democratic nomination with this online video yesterday. it's the former senator and first lady's second run for white house. she lost the democratic party nomination to barack obama in 2008. before serving as his secretary of state for four years. >> i think she's a very complete person. but i think the

lou: okay, let's turn to the program in which 73-year-old bob bates, and insurance agent acted as a reserveuty, what are your thoughts? >> when a department puts on someone who is carrying a weapon and they do not train him in the cemented between someone who joins the force. it's incredible that you would do that and it opens himself up to civil liability under various theories of constitutional law and you can't do that. >> you know i agree with you in a sense that he can't be mistaking a taser with an actual gun. >> and there is immunity that will go into play. >> when we are talking about criminal, obviously you have the individual that did this. there's going to be a deprivation of rights and there's no question about that. lou: the idea that there's a lot here is a part of that very that i've just never heard of that reserve deputy being able to do this. >> here so shocked. at 73 years old and without that much training. >> herb i don't think it is necessary, you have a jury, this man that is a victim who does not want to go in there and identify him in a courtroom when he could be in

. >> what kind of gun did bob bates use? that is my question. was he trained 234 how to use this weapon? did eric have a weapon on him around the time he was killed. >> the reserve deputy is identified as robert bates. they have turned the investigation over to prosecutors. >>> our time is 5:46. a new airline quality report suggests performance levels in the u.s. are going down. according to new research from wichita state university, more flights are late, more bags are getting lost, and customers are filing more complaints. this report says on time arrival fell to 76.2%. it is down 2.2%. >>> alan robert climbed that. that building is more than 1,000 feet tall. look at him. and he had no harness. he relied on chalk and sticky tape on his fingertips. now adding to the difficulty, that 75 story building had a twisting structure. there is little space for his feet on the ledges. >> finally at the end of the day i knew that once i was going to start the decent everything would be okay. i would be completely focused and i would be fighting like a ti

. >> what kind of gun did bob bates use? that is my question. it was he trained in how to use this weapon? did he have a weapon on him at time he was killed you can train someone as much as you can and you can train in every area thaw can but in times of crisis sometimes training will in the take you through the scenario. >> investigators say the victim did not have a gun on him, they maintained bates was trained to use his weapon, prosecutors are reviewing the evidence and will decide if bates should be charged but the officer 73 years old. >>> 6:21. >>> authorities plan to filed child even danger. charges today against her mother. >> after her two-year old son fell in the cheetah exhibit at the cleveland zoo over the weekend. the the boy is okay after his parents jumped in and pulled him to safety but investigators say several witnesses saw the mom dangling her son over the railing before he fell in the pit. >> you just heard this kid screaming. the at first everybody was like why is this kid screaming. then you looked and there is a kid in th

. >> reporter: authorities say 73-year-old bob bates an insurance broker and volunteer deputy pulled the trigger. >> he attempted to use a less lethal device. inadvertently he used his hand gun instead. >> reporter: according to authorities bates thought he was firing a taser gun. the relatives say bates was unqualified and should have known the difference. >> to see the violence that was taken towards him it really -- it turns my stomach. >> reporter: bates is among an estimated 50,000 reserve officers severingrving in 50 states. he has reportedly donated money and cars to the sheriff's office and has served more than 300 hours as a reserve deputy. >> at no time did he show he had an inability mentally or physically to perform the task. >> the message this sends is as long as you have plenty of money, you can play sheriff. >> reporter: before the shooting harris, an ex-convict was caught on camera in a sing operation allegedly selling a gun to an under cover officer. harris, however, as unarmed during the scuffle and now yet another investigation into yet another deadly shooting. >>

i want to talk about the two deputies involve besides bob bates. through our administrative process, we will review what those officers did and take some administrative action. also want to tell you that this morning i got a call from jim finch. he's the special agent in charge of the state of oklahoma. he told me the fbi has completed their investigation and they found no wrongdoing at the sheriff's office and of course they look at civil rights violations. if you have any questions about that investigation, i would refer you to mr. finch or rich davis who is the local supervisor for the fbi. i want you to know that deputies have been reassigned for their own safety. there's been some threats made against them and their families. they have a family and kids and i'm very concerned about their safety. they've been reassigned and they haven't been suspended. we'll take action on that once some of the court cases are resolved with mr. bates. this office reviews all of its policies on a monthly basis taking each chapter in our records systems and looki

. >> what kind of gun did bob bates use that is my question.as he trained in how to use this weapon? did eric have a weapon on him at the the time he was kill. >> you can train someone as much as you can and you train in every area that you can but in times of crisis, sometimes training is not going to take you through the the scenario. >> wow investigators say the victim did not have a gun on him at the time. they maintain bates was trained to use his weapon. >>> prosecutors are reviewing that evidence and will decide if bates should be charged in anyway. >>> reverend al sharpton commend mayor and police chief in north charleston south carolina for taking quick action after cell phone video of the deadly police shooting led to a murder charge against a new fired officer. he told those gathered for sunday services that it is in the about black and white, it business right and wrong. adding quote eaten enforce the the law or get out of law enforcement. walter scott's funeral was saturday. the office are michael slager remains jailed. >>> fatal c

shot and killed by a deputy in oklahoma says they are saddened, confused and disturbed. 73-year-old bob batesow faces second degree manslaughter charges. he's heard on camera saying he's going to use a taser on eric harris but instead fires a shot. harris was the target after sting operation accused of trying to sell a gun to undercover agents. >>> meanwhile after nearly three months, jury selection could wrap up today in the trial of james holmes. holmes has pleaded not guilty by reason of insanity in the 2012 movie theater shooting which killed 12 people and wounded 70. the pool of prospective jurors once totaled 9,000. opening statements are set for april 27. >>> sad state out of washington state. a family of three are dead after a concrete slab fell on their pickup truck t. fell from a construction site on the overpass of a major highway in bonnie lake yesterday. the family had has not been identified but we do know it was a young couple and their baby that were killed. >> so sad. >>> an alaska airlines flight made an emergency landing in seattle. >> the plane returned to the airport afte

an unarmed black man by a white police officer that happened in tulsa. 73-year-old reserve deputy bob bates used his gun instead of his taser. we're just now learning that he's been charged with manslaughter. convicted felon eric harris was the target of a drug and gun sting. he started running when the cops showed up. >> i shot him. i'm sorry. >> reporter: as he lay bleeding, officers continued to cuff harris. when he complained of losing his breath, someone replied -- >> [ bleep ] breath. >> harris was taken to a hospital where he died. bates is not allowed to perform any police activities during the investigation into his actions. >>> critics today questioning whether more charges should be brought against the officers after a deadly south carolina police shooting. disturbing video captured the moment walter scott was gunned down after a routine traffic stop and there are still questions tonight about whether the officers have given a full account of everything that happened. >>> families in fear, why families in the region's mentally ill are concerned for their loved ones' safety after

this has to do with bob bates wanting to be a part of this community and do something good. and that's what his intention has always been. does being a reserve prohibit you from donating to a sheriff's campaign fund? they have known each other for years and years. but the bottom line is he had been doing this role with the task force for quite some time. and if you'll talk to any squad officers or people who serve search warrants together on a regular basis, if they have a link in the chain, they're the first ones to say something about it. everybody's life is at steakake. >> thank you very much the attorney for deputy robert bates. "outfront" now, pow cowen and mark. you heard mr. wood defending his client, saying he was not tooold and he was qualified to be on the streets carrying the weapon. what's your reaction? >> that is not surprising as his attorney, but a bizarre explanation. at best, you can make a case that a 73-year-old man has the ability to have an oxauxiliary role with the police but he typically does things like chalk out body outlines or put tape up or act a

. >> reporter: authorities say 73-year-old bob bates, an insurance broker and volunteer deputy pulledgger. >> he attempted to use a less lethal device. inadvertently, he used his handgun instead. >> reporter: according to authorities, bates thought he was firing a taser gun. harris's relatives say bates was unqualified and should have known the difference. >> to see the violence that was taken towards him, it really turns my stomach. >> reporter: bates is among an estimated 50,000 reserve officers serving in all 50 states. he has reportedly donated both money and cars to the tulsa sheriff's office. and has served more than 3,000 hours as a reserve deputy. >> at no time did he ever show that he had an inable mentally physically to perform the tasks. >> the message this sends is as long as you have plenty of money, you can play sheriff. >> reporter: before the shooting, harris an ex-convict was caught on camera in a sting operation, allegedly selling a gun to an undercover officer. harris however, was unarmed during the scuffle. and now yet another investigation into yet another deadly

. >> reporter: his family says we appreciate bob bates' apology. unfortunately, it will not bring eric back. on april 2nd bates a 73-year-old insurance broker was back up in the sting operation. in an exclusive interview, bates told matt he meant to pull his taser and instead fired his gun. >> can you stand up and show me? >> you bet. my taser is right here on the front tucked in a protective vest. my gun itself is on my side normally to the rear. >> people are going to look at that mr. bates, and say how could you make this mistake? >> you must believe me it can happen to anyone. >> reporter: bates attorney says it is known as slip and capture. dan smolden represents the family. >> i don't think it can happen to anyone. the sheriff's office repeatedly said he has had training. >> reporter: now a pr campaign launched called we're listening. >> we want to give as much credibility to the situation as we can. >> reporter: an internal review of the reserve deputy program is under way and the office insists bates was properly trained, it is still searchi

. >> this falls in line with the allegations that bob bates paid his way into the sheriff's department and was given access great access based on donations he made and friendly friendships. >> i think that's something that -- i assume they'll look at that in their review. all of the reserves there are about 130 of them they give a lot of time they do a public service, they are unpaid and do things like traffic patrol and work the fair. it's unusual. i never heard of a reserve deputy working in an undercover capacity like this. we obtained his statement made after the shooting in which he said he had been involved in 100 operations just like this that were undercover. >> also in your report it says that every year reserve deputies must complete 23 hours of special law enforcement training plus two hours of mental health training. a check of the records according to your report shows three years ago bates had just one hour of mental health training and not two. >> there is training records that they did release are basically a summary. there is no supervisor signatures on there. they're

. >> reporter: the man who pulled the trigger is 73-year-old bob bait bates, a volunteer reserve deputyhe office says he mistakenly pulled his handgun instead of his taser and fired. harris died later. >> he believed he had a less lethal device and he was going administer a less lethal taser probe when in reality he had a firearm in his hand. >> reporter: the sheriff's office says reserve deputies are members of the public. doctors, banker, even retired police officers who receive varying degrees of training. bates donated thousands of dollars in equipment and the authorities say his role in this operation was in a backup capacity. >> if he had as much training as he supposedly had, he would definitely know a .357 from a taser. >> reporter: while a sheriff's office investigation recommended bates not be charged, the tulsa county district attorney did charge him with second degree manslaughter. >> you you got a 73-year-old retired insurance dude -- >> who donated a lot of money with the department. >> with a gun. why -- are you kidding me? >> look one of the questions that has to be aske

on april 2nd a reserve sheriff's deputy named bob bates chased down and tackled 44-year-old eric harris had tried to sell an illegal gun to an undercover officer. the over officers joined the struggle. the deputy pulled out what he said he thought was a taser. [ sound of gunfire ] officers continued to cuff harris when he complained of losing his breath. he was taken to a hospital where he died. the sheriff says the reserve deputy did not commit a crime because he was under duress and he mission takenly pulled his gun instead of the taser. >>> hillary clinton's second campaign for president is finally underway. >> everyday americans need a champion and i want to be that champion. >> clinton kicking off her run for the 2016 democratic nomination with the online video yesterday. as you might imagine her new run drawing immediate reaction from supporters and detractors here in california. kpix 5's kiet do joins us live in san jose with some of the early morning chatter about mrs. clinton. good morning. >> reporter: good morning. those supporters and those critics had a lot of -- have had a

bob bates charged with second degree an manslaughter in the death of eric harris.department expressing regret for what happened, the officer screen right pulled out his weapon, instead of his taser and shot harris on the street. tulsa oklahoma, happening right now. >>> fox news alert. iraqi forces succeeding, they say, retaking the country's largest aisle refinery from isis terrorists, 25 miles from tikrit. forces taking that back in november. but terrorists reclaimed portions. so it has gone back and forth. jennifer griffin live at pentagon there what is the significance of this from over the weekend jennifer? >> bill, the iraqi government thought it had control over iraq's largest oil refinery last november. then a little over a week ago, isis blew through the outer periphery and took over part of the complex st distribution point. here is how the chairman of the joint chiefs described its importance. >> this is part of the iraqi oil infrastructure. once the iraqis have full control of baiji they will have full control over all their i oil infrastructure, both no

. >> reporter: reserve deputy bob bates might have meant to pull his taser but fired his revolver shootinge back. >> you've got to see, there's no way an officer can get this confused for this. >> reporter: 73-year-old bates was charged monday with second degree manslaughter. >> the circumstances were not intentional, it was an accident. and this unfolded in front of him very rapidly. >> you'll see that will bates has a yellow taser strapped to his chest. .357 revolver in his right hand. >> reporter: the tulsa police department said bates worked for them for one year in the 1960s. that's a different force than the tulsa county sheriff's office where bates was a volunteer deputy. according to documents bates has been a longtime benefactor buying vehicles and equipment, and even a $5,000 machine that extracts fingerprints from evidence. bates was assigned to the sheriff's task force on april 2nd while it carried out a sting operation. >> a luger. >> a luger? >> reporter: eric harris was seen on video during an operation targeting illegal guns trying to sell a gun to under cover operatives. h

. >> what kind of gun did bob bates use, that is my question. was he trained in how to use this weapon? did eric have have a weapon on him at the time he was killed. >> you can train someone as much as you can and you can train in every area that you can but in times of crisis, sometimes training will not take you through the the scenario. >> investigators say that the victim did not have a weapon. they maintain that bates was trained to use his weapon that guy right there the police officer. prosecutors are reviewing the evidence and have not yet decided if officer bates will be charged. >>> four people are dead after a plane crashed in the woods near fort lauderdale, executive airport. >> dramatic video was filmed at the scene, where that plane went down. officials say the plane was trying to land when they declared an emergency sunday afternoon. the plane did not hit the any buildings or pedestrians. >>> bomb threats stopped a germanwings flight to milan before it ever left a runway. threat with e man males to the airport in germany 15 minute

. >> you can't be buffalo bob and bates motel at the same time thank you both. trying to major are make sense. >>> the lobbying campaign on the iran deal. president obama is trying to keep democrats in his corner, of course, but he may have lost a big one. chuck schumer called for giving congress the power to reject the agreement. >>> and tonight hbo's john olive gets tough on edward snowden. >>> and hillary clinton gets very close to her big announcement. we think it's within a week. >>> and carole king will join us on the roundtable. before that russell crowe is the director and star of a new movie about the war that created the middle east that we face today. >>> finally let me finish with the appeal of rand paul. this is "hardball," the place for politics. photos are great... ...for capturing your world. and now... ...they can transform it with the new angie's list app you can get projects done in a snap. take a photo of your project... ...or just tell us what you need done... ...and angie's list will find a top-rated provider to do the job. the angie's list