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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 is a former tulsa police officer. he's

mr. brewster's statement regarding the lack of credibility of the affidavit, i mean his point is that, look critterdon is in jail on a homicide charge, so he can't be believed. well mr. bates is also charged with a homicide. is he saying that we can't listen to what mr. bates is saying because he's got a homicide charge? >> hmm. it's an interesting point. he did say this last night, he dismissed the credibility of the anonymous sources because he said, one of those men is in jail. but you're saying not only do you not agree with that the questioning of one of your sources, you say you have four additional people. so five in total, one of whom happens to be in jail on this charge but five of whom are saying these records are falsified? >> absolutely. >> okay. so bates today spoke about what led up the to this deadly incident. and i wanted to let you hear him give his version of what actually happened. here he is. >> and i was actually parked down the street at st. claire station, several blocks away from where the activity took place. in other words, the drug buy of dope and the gun purchase

mr. brewster he's leaving the state.as. >> 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 judge's decision here and i wonde

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 accidents that resulted in deaths wouldn't be there. every one of those was a mistake. >> no. many of those are duis or some kind of recklessness. that doesn't apply here. if you use your analogy, let's talk

brewster. thank you for joining us. >> good morning, matt. >> mr. bates, i want to talk about your training and training records in a second. but i want you to take me back to april 2nd the day this all happened. you were not 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 he came to me. i had two other cars that were in front. i was the last car. i carried 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're done. i take notes. i take phot

mr. 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