. >> we have clark brewster on the program tonight. he is the defense lawyer in this case.nd he tweeted this last night about what the other officers on the scene did and said. he tweeted saying, the language used by the officers, not mr. bates, was wrong and indefensible. andy coats, what's your reaction to that? >> well, i'm not sure it's all that relevant. the real question here is what is the culpable negligence of the guy that pulled the trigger? that's the guy that you filed the criminal charges on. that's the one that you would decide whether you ought to try to send to the penitentiary or not. and it seems to me that that issue sets apart from what anybody heard or saw or did. i mean, he pulled a gun instead of his taser and shot the guy. you have to decide whether that's worth criminal sanctions. >> i want to go to something else that clark brewster said last night about the culpable negligence, which is part of the second degree man slaughter charge. let's listen to what he had about this last night, why he thinks that the law doesn't apply here. >> the statute do

let me bring in clark brewster attorney for robert bates. mr. brewster great to have you on tonight. let's begin with what exactly your client -- we heard about how mr. bates was supposed to be backup. he was that last patrol car, almost ran into this man heading toward him. walk me through what happened. >> well, mr. bates and the team was briefed that mr. harris was a six-time felon. he had armed robbery conviction assault and battery on police officers escape from a penal institution. he had been known to be selling drugs and weapons. and it was arranged to do an undercover buy. mr. bates was merely part of the containment team two blocks away. he wasn't intended to be pressed into any kind of action other than to provide observation and containment. >> i know he'd been with the violent crime unit from 2008 but can you explain to me about his role as a reserve deputy. i understand he had donated some weapons to the sheriff's department had been involved with them for some time. how often had he been out on an operation like this? >> mr. bates

. >> i want to talk to clark brewster right now. the attorney for robert bates, the man who pulled the trigger and said he mistakenly killed eric harris two weeks ago in tulsa. nice to see you. those reporters can't find detailed records that he's trained and qualified to be a reserve deputy. why can't they find those records and is he trained and qualified? >> i don't know why they couldn't find the records. i don't know their inability or what they're asking. mr. bates is well trained. he was trained over virtually hundreds of hours. he cleat certified by an independent agency that certifies officers. his training records would be available for review, usually in a civil case after discovery is provided. perhaps the request that was made, i'm not sure how it was made but their level of frustration, i think, is allowing them to draw conclusions that aren't accurate. >> you say he's well trained and he's received hundreds of hours of training, but a bit of a discrepancy here because the sheriff said he received 300 hours of training

. >>> and "out front" now, clark brewster he is the attorney for deputy robert bates. k you very much for being with me clark, i appreciate your time. i want to begin with our breaking news. in the statement that bates provided to investigators, he said that he "received training by the maricopa county sheriff's department in response to active shooters." the maricopa county sheriff's department today, of course tells "out front" they have no record that bates ever attended one of these classes. is bates telling the truth here? >> yes, it was in washington, d.c. i have got a certificate that he attended. and that the sheriff lectured there. so i -- if you -- >> was it with the maricopa county sheriff's department or just a sheriff from the department? just trying to understand what the knew what happens is. sher saying he absolutely did not train with the maricopa county sheriff's department. >> oh he didn't. sheriff arpaio lectured in washington, d.c. at a seminar and he attended that seminar with other law enforcement officers for training. >> well he said that he rec

clark brewster thank you very much for joining us tonight. we appreciate your time. >> thank you. >> thank you. >>> coming up we will analyze the shocking dashcam video of a police officer using his cruiser to run over a man with a gun. and, there's presidential campaign politics to catch up with, we will catch up with hillary clinton in iowa and jeb bush talking about hillary clinton in iowa. and later, a house committee really did hold a hearing today about sex parties. democrats and republicans on the committee were outraged that dea agents were caught having sex parties with prostitutes, paid for by drug cartels. now, guess how many dea agents have been fired for that? the answer is coming up. ] you wouldn't ignore signs of damage in your home. are you sure you're not ignoring them in your body? even if you're treating your crohn's disease or ulcerative colitis an occasional flare may be a sign of damaging inflammation. and if you ignore the signs, the more debilitating your symptoms could become. learn more about the role damaging inflam

bates did not speak but his attorney clark brewster said this about the manslaughter charges: >> feel they're urn warranted and shouldn't have been brought. >> reporter: bates was charged yesterday after an investigation into the shooting death of 44-year-old eric harris. >> it's a lugar. >> reporter: on april 2 harris, a convicted felon was the target of a gun trafficking sting by tulsa county sheriff's deputies. as police closed in to arrest him, he ran. a deputy's body camera captured the pursuit. bates could be heard yelling, "taser!" just before a shot was fired. ( gunshot ) bates says he thought he pulled his taser but fired his personal 357 revolver instead. immediately afterwards he apologized. bates last worked as a full-time officer in the tulsa police department from 1964-1965. he became a reserve sheriff's deputy in 2008 and was reserve deputy of the year in 2011. he's a retired insurance executive who donated generously to the department. in the last seven years, he's given five investigation, a surveillance radio, and a $5,000 forensic camera. he's been friends with sher

bates' attorney clark brewster says he has not seen the review. >> i just know he received hundreds off training since 2009 and i know that no one at the operation had any complaints. >> reporter: there were other concerns. the sheriff's office memo from december of 2008 obtained by nbc news shows one sergeant told a captain that bates was using hiss personal vehicle to make unauthorized traffic stops against policy. the sergeant wrote "what is the purpose of having policy if members of our office do not follow it and we as supervisors allow violations because of who persons are?" >> well the accusation has been made that he received i don't believe that is the case. >> could you stand up for me? >> reporter: in an exclusive interview last week -- >> my taser is right here. >> reporter: -- he showed matt where he kept his taser in relation to his gun. >> my gun itself is on my side. you must believe me it can happen to anyone. >> reporter: bates has pleaded not guilty to second degree manslaughter. a judge is now allowing them to go on a pre-planned vacation to the bahamas. >> it's off

clark brewster thank you very much for doing the interview tonight. we appreciate your time. >>> coming up we'll analyze the shocking dash cam video of a police officer using his cruisetory run over a man with a gun. and presidential campaign politics to catch up with we will catch up with hillary clinton in iowa and jeb bush talking about her in iowa. and later, a house committee did hold a hearing today about sex parties. democrats and republicans on the committee were outraged that dea agents were caught having sex parties with prostitutes paid for by drug cartels. now, guess how many dea agents have been fired for that? the answer is coming up. be a morning person again, with aleve pm. automotive innovation starts... right here. with a control pad that can read your handwriting, a wide-screen multimedia center, and a head-up display for enhanced driver focus. all inside a redesigned cabin of unrivaled style and comfort. the 2015 c-class. at the very touchpoint of performance and innovation. see your authorized mercedes-benz dealer for exceptional

bates attorney clark brewster issued a statement saying that mr.as full fullifully certified but he hasn't given anyone any copies can of those certifications. david harris the additional element here to the possibility that this very carefully written statement to the police has something deliberate lit false in it possibly relating to his certifications, that opens up the possibility of additional charges here. >> yes it does. now, in order to be charged with something like perjury, you'd have to be under oath. and there's no indication at that time statement to the police was under oath. but if he gave certifications or spoke about having certifications that he had not actually earned there are penalties for falsely certifying falsely saying you qualified. things like that. he may be looking at some additional charges indeed. the problem here in my estimation is that everybody knew, this guy ran the sheriff's re-election campaign. he gave big-time gifts to the department like cars and computers. who is going to call him out? it's only because of