mr. bates, did any of the other deputies or officers say help us taze him, use your taser? >> no. matt i yelled taser, taser, as required in training. the deputy below me ducked he pulled away from it so that i could -- now, i've never, you know -- first and foremost let me apologize to the family of eric harris. this is the second worst thing that has ever happened to me or first, after happened to me in my life. i rate this as number one on my list of things in my life that i regret. >> mr. bates would you stand up for me for one second and show me where on your body in your uniform, you keep your taser and where you keep your weapon your revolver. can you stand up and show me? >> sure. you bet. my taser is right here in my front, tucked in a protective vest. my gun itself is on my said normally to the rear. >> and people are going to look at that, mr. bates and say how could you make this mistake? how could you think you were going for your taser on your chest, tucked into the vest and accid

he said mr. batesas driving a personal car with police equipment pulling people over and making traffic stops, and he then when called on it, donated the car but continued to drive it and then continued to make traffic stops for which he had not received the training to do. that goes back to the question if there is special treatment? you have provided documents saying at the time of the shooting that he was properly trained and cnn cannot verify those documents, but while he was working there before this shooting back in 2009, explain for us his training level related to those specific traffic stops. was he working outside the rules of the program? >> you know, that's what the investigation found, that's true, but it's a policy violation, not a violation of the law. certainly, mr. bates, in 1965, i am pretty sure people were driving around in cars and people were pulling them over. so certainly he had that past experience. >> we are not talking about 1965, though. we are talking about while he was in

he said mr. bates was qualified to be a reserve deputy and that he completely understands still how easily it might be for a police officer to mistake a handgun for a taser. your thoughts on his answers, tom? >> well again, they clearly do things differently in tulsa than they do in new york. we have a number of volunteer auxiliary police officers in new york. almost 5,000 of them. they're not armed. they're not armed with a firearm. they're not armed with a taser. they're not even armed with pepper spray. they are armed with batons which they are trained to use and wear bulletproof vests. they don't get paid. they volunteer four six, eight hours a day as these reserve deputies are doing there but they're not armed. to be armed, you would have to equal the training that a full-fledged police officer would have otherwise you're going to send someone out there with half the training -- >> the sheriff says he followed national standards, did he? >> that remains to be seen. that's going to come out. whethe

lisa allen, chief media relations office for the sheriff's office said they had no record of mr. batesg their training. in fact, allen said that will training is only available to members of the maricopa county sheriff's office, meaning bates would not have been eligible. we don't allow out-of-state people to take the class she said. joining us now is ziva branstetter the enterprise editor at the tulsa world who contributed to the report. jim cavanaugh au law enforcement analyst and retired atf agent in charge, and david harris, professor at the university of pittsburgh school of law. i want to begin by saying who else we invited tonight who declined once again. we invited the sheriff to explain what's going on in his department. we also invited the defense lawyers for mr. bates. they could not make it tonight 37 one of them has already appeared on the program. zeba, i want to get to your latest reporting about this training that he claimed to have received from maricopa county's -- let's see, response to active shooter training, he said. now, there is one additional element to in that

it's interesting, you just heard mr. bates, you must believe me, this could have happened to anybody. well deputy robert bates, also in that interview, apologized to the victim's family saying that the shooting that killing this man is the biggest regret of his life. >> first and foremost let me apologize to the family of eric harris. you know this is the second worst thing that's ever happened to me or first, ever happened to me in my life. >> "outfront" now, dan swoelllenswollen, the attorney for the for man shot and killed eric harris. the way he said it this is the second worst thing, than he corrected himself, and said no it's the worst thing that's ever happened to me. but he said the first thing i want to do is apologize to the family. do they accept his apology? >> erin the family does accept mr. bates' apology. however, the apology from mr. bates isn't going to bring eric back. what this family is seeking and what they've been seeking all week and over the last several weeks is just that the truth come out. >> and whe

. >> i was referred to mr. batesam my insurance agent and insured my vehicles in my home for a lot of years. >> and the two have gone on vacation together and bates has donated car and equipment to the sheriff's office. and the sheriff recalled the conclusions very differently. >> i believe that they found there was no special treatment. >> in fact the review found just the opposite. which raises more questions as to why nothing was ever done about his findings. speaking to nbc, bate's attorney said he hadn't seen the 2009 memo but denied that the deputy received any preferential treatment. >> i know he received hundreds of thousands of training since 2009 and no one at the operation had any complaints. >> but the 2009 memo shows that is not true. but bates' defense team released 60 pages of documents to support their claim but some information is still missing. the documents cnn reviewed do not show bates was qualified on the .357 handgun he shot harris with. >> should mr. bates been out there that day? >> yes, he s

harris ran virtually two blocks right into mr. bates and the fight unfolded in front of mr. bates. >> i understand that wasn't the plan but if you're saying he's a former tulsa officer. this tells me he's been in situations in the past. how did this go so wrong? how did a man with previous experience mistake a taser for a gun? >> well it's human error, frankly. it's like you lock your keys in your car. >> that's a major error sir. >> no, well, i know. it cost someone their life. so it's major. but it's inadvertent. you are in a stressful situation. you react in a way that is automatic, and he pulled the wrong device. and frankly he pulled the gun instead of the taser. >> do you have any idea -- because i've talked to a number of of police officers who say your dominant hand the right hand that is where you should have the gun, the taser on the left. do you know the specifics if those were confused? >> i know this. he's left-hand dominant. he had a pepper gun in his left hand. within virtually seconds of mr. harris being taken to it the ground and then fighting the other offic

mr. bates and his lawyers are going to say this proves that mr. bates was properly trained.g was done the way it was supposed to be done. but i'm not sure we have heard the end of this part of the story. mr. bates's lawyers acknowledge in the 64 pages and a statement that came along with it there are several years worth of documents that are missing. and we haven't. gotten a clear explanation from the sheriffs department as to exactly why that is and where those documents might be and if we'll ever be able to see them. >> ed, appreciate the reporting, thank you. let's not forget as we cover this it development that eric harris, the 42-year-old that was shot and killed, is being remembered today by his friends and family who are saying their final good-byes today before his fun funeral. ed, thank you for that. let's bring in a former nypd officer. you have been looking through these documents. a few things stand out to you, if indeed they are correct and if they were not manipulated or forged as the tulsa world paper has reported. >> i took a first look at everything. i didn'

here officials say that mr. bates and even mr. bates by his own admission, we obtaineds the statement he gave to investigators four days after the shooting where he said in that statement that he had been involved in about 100 different operations over the last seven years, so sheriff's officials say reserve deputies, many of them, have very high-profile and important roles that they play in these kinds of situations. mr. bates isn't the only one they say they have dozens of these types of reserve deputies that can help out the department in many different ways. >> ed, thank you very much. we appreciate it. turning to the legal view, bring in cnn legal analyst paul callen and mel robbins. i first want to start with the manslaughter law that would apply in this case, paul and mel. let me read it to you. it says, every killing of one human being by the act, procurement or culpable negligence of another under provisions of this chapter are not murder or manslaughter or excusable or justifiable homicide is manslaughters in the second d

mr. bates, how could you make this mistake, how could you think you were going for your taser on your chest tucked into that vest and accidently pull your weapon? >> well let me say, this has happened a number of times around the country. i have read about it in the past. i thought to myself after reading several cases, i don't understand how this can happen. you must believe me it can happen to anyone. >> bates also responded to the tulsa world report claiming he was given credit for field training he never took and firearms certifications he should not have received. according to the report based on anonymous sources and unconfirmed by nbc news supervisors who refused to falsity his records were transferred to other positions. >> that is not correct. i have a written piece of paper that a mr. warren krimdon, now in jail for first-degree murder 40 miles east of here signed off to say i'd done a good job. you know the law firm has been most interesting, they seem to represent all the people tha

three years of firearms qualifications from mr. bates' records and most of the records of his officer field training are missing. his attorneys released 55 pages of documents they insist show robert bates received the necessary training. they reported that his training records had been falsified. today, the sheriff was asked about that. >> is there an investigation into these allegations of falsified records? >> no we are not. >> why wouldn't you be? given the magnitude and the power of those kinds of allegations, why -- >> apparently they don't want to talk to me but they're welcome to. they can go to the fbi and talk to them. >> robert bates gave his first public account of how he mistakenly used his gun in an interview with matt lauer on the "today" show. >> would you show me where on your body when you're in your uniform you keep your taser and where you keep your weapon? can you stand up and show me? >> sure. 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. >

if mr. batesnadvertently grabbed his pistol from his truck, not pulled it out right when this event is taking place, but literally carried it from his truck how that's not culpable. he walks up to the man with a .357 that he's not certified to use and i doubt any deputy whether they're reserve, advanced special deputies are ever certified to use a stub nosed .357 revolver in the line of duty. >> andy coats, quickly before we go, as an experienced prosecutor there in oklahoma i don't see any tricky language in this jury instruction on culpable negligence. do you see any merit in what clark brewster was saying last night, that that culpable negligence is not met in this situation? >> oh i think not. this could have been man slaughter one. it's an act done without intending to kill somebody with a dangerous weapon. that's enough. so the d.a. used some discretion in lowering it to man slaughter two. because i think the culpable negligence is reckless disregard. it's when you're negligent, but you're b

this is what mr. bate' attorney is arguing -- mr. bates' attorney was arguing. you hear mr. bate saying i'm sorry, this was a mistake. can you explain excusable homicide. when is homicide ever excusable? >> what it's going to mean is the following -- the defense is going to argue this man is a good citizen, he has no criminal record he volunteers his time for the community, he makes donations to the police department and did not created the situation. the defense is going to see that a serious criminal who was trying to sell guns to an undercover agent set the stage, created the situation, to get away. this man did his best with what he knew to cope with the situation and made an honest mistake. the prosecutors are going to see that it was not simply a mistake. it rose to the level of culpable reckless homicide which they call manslaughter. a think it's going to be a defense lawyer's cowboys, it will be tough get a conviction on. >> you do? >> i do. >> go ahead -- >> no, i'm sorry, continue. you think this man -- >> i think this man's going to testify. i think he's going look

so it remains to be seen whether or not mr. batesany sort of public comment after he has been booked into the sheriff's department. the very department where he spent the last seven years volunteering as a reserve deputy and volunteering more than 1,000 hours. as he walked in first time i ever had seen him face to face he appeared rather subdued as he walked in quietly inside the sheriff's department here. we anticipate not exactly sure how long this proscess will take for him getting booked in on charges of second-degree manslaughter carol. it appears there may be some sort of statement either his attorneys or mr. bates himself might make after they wrap up their business inside the sheriff's department here carol. >> ed lavandera reporting live from tulsa oklahoma, this morning. i'll be right back. so, what brings you to jersey? well, geico's the #1 auto insurer in new jersey, new york and connecticut. so i just came by to say "thanks." #1, huh? that's great. here you go. a little token of appreciation. oh, that's... that's... that

mr. bates, i want to talk about your training about your training records in a second but i want you to take me back to april 2, the day this happened. you were not supposed to be actively involved in the arrest of mr. harris you were supposed to provide support from several blocks away but you did get involved in the struggle. you write in your written statement that you were not sure whether he was armed and you say you saw "a brief opening to use your taser to subdue him." take me back to that moment. >> matt, i was parked down the street at a station several blocks away from where the activity took place. in other words, the drug buy of dope and the gun purchase. he decided to bolt from the undercover's truck and run and he came to me. and two other cars that were in front. i was the last car as i always am. i carry the equipment that the deputies use to clear a scene, whatever. i've been involved in several hundred of these. i do cleanup when they're done. i take notes, i take photographs

i know that mr. bates >> that is tulsa sheriff stanley glanz. he's actually been charged with manslaughter right now. he's talking about his reserve deputy robert bates, with whom he's had a relationship for roughly 25 years. at one point during that news conference we learned at one point mr. bates was his insurance agent. i want to bring in faith jenkins, host of "judge faith," we have not heard publicly from sheriff stanley glanz until just now, and perhaps we know why. that was from the very beginning a bit of a train wreck. he started, faith, it seemed as if he started by vocally expressing some sort of angst about the fact the press hadn't really shown up at his department for other news conferences, and then he revealed the fbi, according to them they've completed their investigation already, they've cleared the department. we have not independently confirmed that we should note but it was a bizarre news conference. faith, did you learn anything from that? >> interesting he said the fbi investigated

. >> mr. bates, you still have to unveil this evil. mr. bates, shouldn't have had to use a taser on my brother. mr. bates shouldn't have shot eric with a 357 magnum. mr. bates has a price to pay. >> bates is charged with second degree manslaughter in the case. currently free on a $25,000 bail. >>> gun fights and burning vehicles after the arrest of a suspected drug cartel leader. it all happens right on the border of a u.s. town. we'll have that coming up here. also, airport screeners. behaving badly. one official says, it happens more often than you think. wish your skin could bounce back like it used to? new neutrogena hydro boost water gel. with hyaluronic acid it plumps skin cells with intense hydration and locks it in. for supple, hydrated skin. hydro boost. from neutrogena. >>> welcome back to "cnn newsroom." italian authorities have rescued migrants from the mediterranean, women and children. apparently ready to board a boat in libya to head to italy when a cooking gas cylinder exploded killing several. survivors of the blast made th

mr. bates described how that mistake could have happened. it really gets down to the question of his training and with the tulsa world newspaper report questioning the training and many people wondering whether or not a 73-year-old reserve deputy should have been part of that undercover sting operation. mr. bates was asked about those training records and his own training and he says he was properly trained and well equipped to be on those streets. >> that's not correct. i have a written piece of paper that a man now in jail for first-degree murder signed off to say i had done a good job. >> without getting off on a tangent, you did the training and you can prove that you are certified? >> that is absolutely the truth. i have it in writing. >> reporter: what mr. bates is referring to there is the lawyer for mr. bates believes one of the sources for this is a former sheriff's department employee who is no longer with the department and is sitting in jail accused of murder. so they are discrediti

mr. bates in this case have liability, criminal liability, but also any officer who falsified and put those documents through. you have to remember ed that it is not a defense for other police officers to comply with an illegal order. those police officers that helped with any falsification would be in a really bad situation to get prosecuted for official misconduct. for conspiracy. not just bad for him but the entire police department. >> doctor what is your reaction that bates was acting a pay to play cop and if these records were falsified, that's the only reason why he was there that we can assume is that he had the money to put himself on the job? >> i think the harris family and their attorneys have the right angle and the right sense about this, ed. you'll notice in the statements they repeatedly refer to reasonable, they refer to reasonable over and over again. they come down to whether mr. bates was conducting himself as a reasonable officer whether or not those other officers conduct

when mr. bates was asked by matt lauer this morning about whether he was essentially a play cop, this was his response, take a listen. >> mr. bates, in the wake of this incident you have been portrayed as a wealthy and generous supporter of the sheriff's department and a close friend of the sheriff, who has been rewarded for your financial support with the opportunity, and this is what's out there, to play cop and carry a gun. is that a fair characterization? >> that is unbelievably unfair. i have donated equipment as i saw fit. when the need happened to arise to allow the task force and other areas of the sheriff's office to better do their jobs on the street of tulsa. >> representative shelton, my question to you is should the tulsa county sheriff immediately suspend the reserve deputy program? >> i can't speak specifically on if he should suspend that program because i'm sure not everybody fits the mold of the deputy. more importantly, there are other reserve deputies across the state of oklahoma

allegations that because of mr. bates' donations he gave five cars and other equipment to the sheriff's department here in tulsa. he was asked whether or not these donations and his relationship with the sheriff here essentially bought his way onto the force here and this allegation that the attorneys for the family of eric harris used that he paid for play a cop. mr. bates reacted to that. >> that is unbelievably unfair. i have donated equipment as i saw fit when the need happened to arise to allow the task force and other areas of the sheriff's office to better do their jobs on the streets of tulsa. tulsa has a drug problem. there is no question. nobody argues that. i am willing to put up equipment to assist them. >> reporter: and the other question that's still swirling around this story is the question of what kind of training and was mr. bates properly trained and continually trained to work as this reserve deputy. the tulsa newspaper has reported that some of those field training records were falsified and that seve

the next hearing in that case is in july but before that bates is leaving town. >> mr. e state. he's going to the bahamas. >> long planned vacation with the family. >> and bates' decision to go to the bahamas on vacation is not sitting well with the victim's family. they issued a statement saying quote, whether intended or not mr. bates' vacationing in the bahamas at this time sends a message of apathy with respect to the shooting and eric's life. at a time when we are still mourning the death of a loved one that he shot down in the street, mr. bates will be relaxing and enjoying his wealth and privilege. faith, going to the bahamas when you're charged with manslaughter. what's your reaction? >> well, first, i want to back up for a second the fact that mr. bates is a multi-million air and this judge only set his bond at $25,000, and now he gets to go on a caribbean vacation. no this is not someone accused of stealing candy from a candy store. he has taken a life. this is not the time that he should be rewarded and allowed to go on vacation. i'm very concerned about the j

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, but the tulsa world paper is reporting 480 hours is required to be this advanced reserve deputy. which one is it? >> well, the fact that the tu "tulsa world" makes that statement does not lend fact that that is provision of the law. the sources, it's interesting. the "tulsa world" did not disclose this representing the family in this case making a civil demand represent officers that were terminated by the department in wrongful termination cases. so, their sources are their clients. on

haven't been suspended but we will take action on that once some of the court cases are resolved with mr. batesl go ahead and do an internal review or not. >> also tonight, new questions about whether bates had the proper training for the job. the tulsa world newspaper reports that robert bates qualified on a revolver he carried during a fatal shooting. and his gun was not on the list of firearms deputies can carry on duty. today the sheriff said the use of that gun was a simple mistake. offering this explanation. >> bob did mistake a gun for a taser. he mistook it. >> joining me now, dan, the family attorney, the harris family attorney. thank you for being here first of all. >> thank you, reverend. i appreciate the time. >> what was your reaction to the sheriff's comments today? >> well it's not surprising to me. i've worked really against this organization almost for a decade now. and it is very consistent with some of the systemic issues i've seen coming out of the tulsa county sheriff office. >> it seems like they've gone from saying where mr. bates himself said he reach for the wrong objec

. >> people are going to look at that, mr. bates, and they are going to say how could you make this mistake? how could you think you were going for your taser on your chest tucked into that vest and accidentally pull your weapon. >> well let me say this has happened a number of times around the country. i have read about it in the past. i thought to myself after reading several cases i don't understand how this can happen. you must believe me. it can happen to anyone. >> robert bates claiming it was an accident which could have happened to anyone. it's a claim that the brother of eric harris has rejected. >> if he had as much training as he supposedly had, he would definitely know a 357 from a taser. >> joining me now mark clakszton, former new york police officer and director of the black law enforcement alliance and eugene o'donnell, professor of law and police study at john jay college of criminal justice. thanks for being here. >> thanks, rev. >> let me say a moment ago we got a response to bates from the harris family. quote, u

given what you know now, should mr. bates have been out there that day? >> yes, he should have been. >> reporter: bates has pleaded not guilty to second-degree manslaughter and the judge allowed him to travel to a preplanned vacation in the bahamas. his next court hearing is set for july. gabe gutierrez, nbc news, tulsa, oklahoma. >>> still ahead here tonight our nbc news exclusive, dr. oz under fire now firing back at his critics who says he pushes so-called quack treatments on his show. >>> and later the shy kid from the bronx now selling out stadiums around the world. why millions can't get enough of romeo santos. parse >>> tonight dr. oz is facing new heat as more doctors come out against him, and now it's doctors from within his own hospital raising questions about some of the health advice he dispenses on his show. tonight, in an exclusive interview, he opens up to nbc's stephanie gosk coming out swinging against his critics. >> you may have seen the headlines -- >> reporter: today on his show dr. oz turned the tables, attacking a group of doctors fr

someone with the type of advanced training that the sheriff's office has repeatedly stated that mr. bates has had. >> reporter: a summary ofbates' record says he has had 300 hours of training since 2008. his office has not been able to find all of bates' gun certification records, since the instructor no longer works there. >> we can't find the records that she supposedly turned in. >> reporter: bates flatly denies a report citing multiple sources that supervisors were forced to falseify some of his training records. today a spokesman said he believes the training records are true and correct. his family describes him as a grandfather of six who survived cancer and donated thousands of dollars of equipment to the sheriff's office. >> he made his money working hard. he wants to give back to help people. is that wrong? >> reporter: the family of eric harris just released the statement saying that while they appreciate bates' apology, it will not bring eric back. we remain vigilant in seeking the whole truth, they say. bates is expected to be arraigned next week and intends to plead not guil

"at a time when we are still mourning the death of a loved one that he shot down in the street, mr. bates will be relaxing and enjoying his wealth and privilege." from the beginning, attorneys for harris' family have claimed bates wasn't properly trained and was getting special attention. he's donated thousands in equipment to the sheriff's department, is close friends with the tulsa county sheriff, who just yesterday, acknowledged he's been on a similar caribbean trip with his fishing buddy. >> how many times have i been to the bahamas with bates? i believe once. >> reporter: bates insists he was properly trained and had made public some of his records. what he hasn't disclosed is when he's leaving on vacation. we know when he has to be back in court, though. july 2nd. david? >> ryan owens in tulsa for us again tonight. ryan thank you. >>> now, to the nightmare playing out at sea at this hour. the images coming in now, a fierce storm, a cruise ship trapped right in the middle of it. 2,500 passengers 800 of them children. can you see the giant waves hitting the ship. water so dangerous, t

absolutely i forgive mr. bateslled eric harris is trying to explain how he mistook his gun for a taser. here is police tape of the original incident. >> on your stomach, now! i shot him, i'm sorry. >> oh [ bleep ] he shot him! >> roberts bates alternated between choked up and defiant insisting anyone could have made this mistake. here's how he describes what happened in that shooting. >> my taser is right here on the front tucked in a protective vest. my gun itself is on my side normally in the rear. >> and people are going to look at that mr. bates, and say how could you make this mistake. how could you think you were going for your taser on your chest tucked into that vest and accidentally pull your weapon? >> well let me say this has happened a number of times around the country. i have read about it in the past. i thought to myself after reading several cases, i don't understand how this can happen. you must believe me it can happen to anyone. >> let's talk more about this. cheryl dorsey is a retired lapd serge

given what you know now, should mr. bates have been out there that day? >> yes, he should have been. pleaded not guilty to second degree man slaughter and the ju allowed him to travel to a preplanned vacation in the bahamas. his set for july. gabe gutierrez, nbc news tulsa, oklahoma. >>> still ahead here tonight our nbc news exclusive, dr. oz under fire now firing back at his critics who says he pushes so-called quack treatments on his show. >>> the shy kid from the bronx now selling out stadiums around the world. why millions can't allergies can distract you. so when your symptoms start, doctors recommend taking non-drowsy claritin every day of your allergy season. with claritin, you get powerful, non-drowsy relief 24 hours a day, day after day. which is important because with fewer symptoms to distract you you can focus on the extraordinary things you do every single day. live claritin clear. every day. unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructe

and mr. bates said he was not only trained and properly trained but he has the proof of that as well. >> that is not correct. i have a written piece of paper that a mr. warren crindon, now in jail for murder 40 miles east of here in mays county, signed off to psisay i had done a good job. >> without getting off on a tangent, you did the training and can prove you are certified? >> that is absolutely the truth. i have it in writing. >> all right, brooke. here's where things kind of break down. we have requested more than a week ago the full personnel file for mr. bates. we were told by an attorney for the sheriffs department that could not be released. the sheriffs department did release a long list of the different course and training courses mr. bates had gone through over the last seven years. that does not include the field training records and who signed off on all of that. on top of that we had statements from the sheriff, his only public comments he made to a radio station a couple days ago.

as we look at this video that's come in here in addition to the family's concerns about mr. bates of this sting, there are questions about what was overheard on the tape, including when mr. harris indicated that he was struggling to breathe, the family has said he was treated inn humanly and maliciously. >> right. i mean you can clearly hear mr. harris informing the deputies that he can't breathe, that he's having trouble breathing. this was after he has been shot. this is after he had several deputies on his chest and his face and then you hear the expletives from the sheriffs which is almost even more concerning regarding their refusal to provide him medical treatment that he so clearly needed. >> again, bates is charged with second degree manslaughter. what would you and the family like to see happen next given the other concerns regarding how the others near the scene handled mr. harris? >> well i think the family would like to see the tulsa county sheriff's department stepping up to the plate, participating in what they've described to be a transparent investigation, providin

mr. bateshave to show up today but he did. >> it's not unexpected quite frankly that he pled not guilty. this is the very beginning of the process for him when you get arraigned. he has his attorney. this is not a clear cut case. second-degree manslaughter while it exposes him to four years in prison, we're talking about a negligence crime. you may have a couple people on a jury assuming this doesn't plead out which i think this is a case that's ripe for a plea talking about a 73-year-old man who clearly made a mistake and this was an accidental shooting. i think that you get a couple people on the jury that sort of feel sympathy for him, perhaps empathy. he's 73 years old. was sort of this deputy reserve. i think it's quite possible that it's not the easiest case for a prosecutor. so a not guilty plea pretty expected at this stage. >> sunny, thanks so much. stick around. i want to talk to you about another trial now under way. the boston bombing trial second phase as i said now under way. the

we know sheriff officials acknowledge that mr. bates has donated lots of money. we don't have an exact figure but thousands of dollars worth of equipment and other things here and cars to the sheriff's department. he has an intimate relationship with the leadership at the sheriff's department which are standing by him. they had asked prosecutors not to file criminal charges and he was guilty of excusable homicide and should not be charged. >> ed lavandera, thanks so much for that. we'll check back in on that story in a bit. a lot of questions still there. >>> ahead for us "at this hour," is it too little too late for chris christie? we'll look at whether he missed his chance to be a factor in the 2016 presidential race. >>> iraq's prime minister goes to washington making a big plea for help. that is coming up. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutritio

. >> i was referred to mr. bates at that time. he became my insurance agent and insured my vehicles in my home for a lost years. >> reporter: the two have even gone on vacations together. bates has donated cars and equipment to the sheriff's office. as to the 2009 investigation, sheriff glanz recalled the conclusions very differently. >> i believe that they found there was no special treatment. >> reporter: in fact, the review found just the opposite which ra raises more questions as to why nothing was found about his findings. >> i just know that he received hundreds of hours of training since 2009, and i know that no one at the operation had any complaints. >> reporter: but the 2009 memo shows that's not true. meanwhile, bates' defense team released more than 60 pages of documents to support their claim but some information is still missing. the documents cnn reviewed do not show bates was qualified on the .357 handgun he shot harris with. >> should mr. bates been out there that day? >> yes, he should have been. >> that was cnn's

. >> mr. bates lacked really any kind of training. mr. bates had been a tulsa police department officer from 1964 to 1965 for one year and never passed probationary period. >> reporter: he says, bates was afforded opportunities within the task force due to significant, long standing financial support of the sheriff's department. >> he could do anything he wanted to. you heard the sheriff's department say, like any other officer could do. but he could do it with no training. he could do it with total access. carte blanche freedom to do what he wants to do. that's incredibly dangerous. to a community. >> reporter: a sheriff's department spokesman tells cnn this afternoon it stand by the deputy's actions. the da makes clear they see it differently charging robert bates with second degree manslaughter. >> joining us now to talk about this a bit more indepth, is mark lamont hill joining us in atlanta. good to have you here. >> good to be here. >> you watch police shootings. each month new video revealing what seems like an unarmed blackman bein

mr. batesand it's a conversation that will continue as mr. bates faces second degree manslaughter charges. >> thank you ryan. >> let's bring in mr. bates' attorney and he is a reserve deputy and mr. bates charged with manslaughter. thank you for joining us counselor. the charge of manslaughter is inappropriate because? >> this was truly an accident something that occurred by accident and misfortune, which is the essential element of exexcusable homicide defense, and there was no culpable negligent under this circumstance and i want to make sure that everybody understands that this is three distinct events. the gun, and the incident where the shooting occurs and everything that happens afterwards which my client didn't have any part of it. >> isn't it by definition that you see in the law that it's reckless disregard of a situation? yes, it was accidental but you want to play top and you put on the taser and weapon and you don't know which one to use and you are taking a risk when you go out the

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 as a scribe. they don't get this close to the action. most people retire in their 50s. this is absurd, no defense for this. the fact he donates to the sheriff's fund isn't a problem per se but it suggests this is somebody who is wealthy and took advantage of it. maybe good intention, but terrible detriment. >> let me get to the point about the wealth. his attorneys trying to say no, that had nothing to do with it. he was trying to make the difference. that may be the case but he donated multiple vehicles cameras guns video equipment. he was the chair of the sheriff's re-election campaign and g

harris, just like the photo of mr. bates that you've been using. >> so there's no suggestion in that that -- >> no. >> -- like okay look look at this guy, he deeverybodies the treatment he got in that street including the bullet? >> no. i didn't create the photo. that's his photo on the facebook page. that's who he represented himself to be. >> we know that. it's just i'm trying to get at your intent in sending it to us. it just seemed odd. >> no. the reason it was sent is because media had sent it to me and i forwarded it to the media outlet that was doing the interview. simple as that. >> okay. 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. democrat

which is when mr. batesporter: his friendship with bates goes beyond the cars. the two have gone on vacation together. and have been friends since they met 25 years ago. >> my son had an accident when he was high school my oldest son. and my insurance was canceled on my car. and i was referred to mr. bates at that time. he became my insurance agent and insured my vehicles and my home. >> the perception there is a troubling one of a close relationship there. did the sheriff look into the allegations of falsifying records? >> this is interesting today. sheriff's officials acknowledge six or seven years ago they couldn't pinpoint when, there was an internal affairs inquiry, not a formal investigation, but an inquiry into these allegations that these records had been falsified. but, apparently that inquiry didn't go very far. we're told by sheriff's department officials there was never a formal report or any findings issued in that inquiry. >> thank you very much. next hillary clinton on the trail in new hampshi

mr. bates, i want to talk about your training and your training records in a second. but i want you to take me back to april 2nd, the day this all happened. you were not supposed to be actively involved in the arrest of mr. harris. you were supposed to provide support from several blocks away, but you did get involved in the struggle. you write in your written statement that you were not sure whether he was armed and you say that you saw, quote, a brief opening to use your taser to subdue him. take me back to that moment. >> matt, i was actually parked down the street at a sinclair station several blocks away from where the activity took place. in other words, the drug buy of dope and the gun purchased. he decided to bolt from the undercover's truck and run and he came to me. i had two other cars that were in front. i was the last car, as i always am. i carry the equipment that the deputies use to clear a scene, whatever. i've been involved in several hundred of these. i do clean up when they'r

harris' attorney said -- >> you can't come up with anything except that mr. bates has a personal relationship with these guys. >> reporter: bates had been a re-election campaign manager for glanz in 2012. the men have known each other for 25 years. sheriffs deputies have been reassigned. >>> and six men may face charges for allegedly trying to join a terror group. all of the suspects in their teens and 20s made a court appearance monday. prosecutors say they were a group of friends in somali-american communities. >>> this morning the u.s.s. theory yotheodore roosevelt is moving towards iran. to rebels fighting yemen's government. in yemen's capital sanaa at a wednesday cache triggering massive explosions. the blast killed as many as 19 people and buried others under the flattened building. >>> this morning, a captain and members of a ship are facing charges. the search continues for victims. they found the syrian crew member on a rescue boat among survivors. the captain is charged with multi time homicide. >>> fiery rescue. police in texas rescue a driver from his

. >> people are going to look at that mr. bates, and they are going to say how can you make this mistake? how could you think you were going for your taser on your chest tucked into that vest and accidentally pull your weapon? >> let me say, this has happened a number of times around the country and i have read about it in the past and i thought to myself after reading several cases, i don't understand how this can happen. you must believe me, it can happen to any one. >> and ed is live in tulsa. ed he says it could happen to anyone? >> reporter: he did, and his version of the events has not changed and it's what sheriff officials have been saying and it's what he put into a statement he wrote days after the shooting as well, and the interview is an opportunity to ask about other issues that have been swirling around this case namely his training the tulsa world newspaper here in tulsa reported that his training records were falsified by various officials at the sheriff's department and the sheriff's department here in tulsa say th

mr. batesfty deafty -- deputy with the tulsa county sheriff's department different from a full-fledged deputy but sheriff officials he spoke to said mr. bates had gone through extensive training more than 300 hours' worth of training was a certified reserve deputy in the state of oklahoma and essentially could operate with any other law enforcement official. the ability to make arrests, work traffic stops, any capacity just like a regular deputy with the sheriff's department. the amount of training he had, and we haven't seen the full documents. we requested those, not received those yet, but there bates did not would not have gotten the exact amount of training that a full-fledged deputy would have had, but authorities here say that he had received extensive training and was working fully with his rights in this capacity to work in a situation like that. >> all right. you said it. over 300 hours of training ed lavandera with breaking news this reserve deputy with the tulsa sheriff's department

. >> 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 harris said he does not believe the shooting is racially motivated but is sad that one of the last words his brother heard was an expletive. danielle nottingham, cbs news. >> well, the use of reserve officers like robert bates to free up regular officers for high priority duties is not unusual. bates is one of 4,000 reserve officers in oklahoma. they are permitted to carry firearms and receive training. there's no