Related story: Court receives influx of letters seeking leniency for Robert Bates
Update: Early release chances may dramatically reduce 4-year prison term for Robert Bates
A Tulsa County judge on Tuesday followed a jury’s recommendation to order the maximum punishment of four years in prison for former Tulsa County Reserve Sheriff’s Deputy Robert Bates, who was convicted of second-degree manslaughter last month.
At the conclusion of a nearly four-hour long hearing with testimony from nine witnesses and statements from Bates himself, District Judge William Musseman’s order drew reactionary cries from the packed courtroom.
The sentencing came about a month after a jury found 74-year-old Bates guilty of the charge, which asserts that he was culpably negligent in mistaking his gun for a Taser and fatally shooting 44-year-old Eric Harris, who was unarmed and the target of an undercover gun-sale operation, on April 2, 2015.
Musseman decided the punishment based not only on the jury’s recommendation but also a presentencing investigation conducted after the trial, in addition to statements made by family members and others in support of each side.
The prosecution called Eric Harris’ teenage son, as well as the boy’s mother, to testify about the difficulties the family has faced since Harris’ death.
Aidan Fraley testified that losing his father has “changed my life dramatically” and that it “broke my heart” when his father couldn’t attend his graduation.
“I’ll forgive Mr. Bates, but there are still consequences for your actions,” Fraley said.
“Four years to me doesn’t seem like anything when you compare it to a lifetime,” said Cathy Fraley, Aidan Fraley’s mother.
Bates’ attorney Clark Brewster gave the judge a dozen-page sentencing memo that he said includes 40 years of data indicating that probation is the standard sentence for a second-degree manslaughter conviction.
Musseman was reluctant to receive the report, calling the compiled data “misleading” and arguing that there are no other cases such as Bates’.
Musseman ultimately declined to review cases Brewster said involve similar circumstances, saying Oklahoma courts do not require a “proportionality review” in sentencing and that using the information would require a review of the facts of each case.
Musseman also denied a motion filed by the defense Friday asking for extra time to prepare a motion for a new trial. Musseman said the defense had failed to show sufficient cause to grant the request.
The first witness Bates’ attorneys called to testify was his longtime physician, Dr. Fred McNeer, who said four years in prison would equate to a “death sentence” for Bates because of his age and “multifaceted” medical needs.
McNeer testified that Bates has a heart condition, sleep apnea and severe arthritis, and he said his health has already begun to deteriorate since April 27, when he was jailed after being convicted.
On cross examination by Assistant District Attorney Kevin Gray, McNeer confirmed that he has no knowledge of the Oklahoma Department of Corrections’ ability to treat Bates’ medical conditions.
Musseman pointed out that after receiving a letter from McNeer on Friday, he requested a review from jail medical staff, who reported that they have met Bates’ medical needs.
The judge also heard testimony from Lance Ramsey and Joseph Byars, who testified at Bates’ trial about serving on the sheriff’s Drug Task Force operation that led to Harris’ death.
Ramsey and Byars confirmed to Brewster that Bates, after volunteering in approximately 100 Sheriff’s Office operations, had not exhibited aggressive or reckless behavior prior to shooting Harris.
Ramsey also confirmed to Brewster that Bates had not been “paying to play” a cop but was rather offering helpful service to the office as a reserve deputy.
Byars testified that Bates had been “thrust into a situation largely beyond his control” when he mistakenly shot Harris.
Brewster tried to elicit testimony from a private investigator who spoke with three Bates trial jurors about purported sentencing confusion. But the judge blocked the testimony from investigator Rodney Baker, saying he had questioned each juror himself on the four-year prison recommendation and that each one answered affirmatively.
Charlotte Bates, Robert Bates’ wife of 25 years, testified that her husband has been a “wonderful servant of this community.” She spoke of his generosity, facing the spectators as she said, “Everyone sitting in this courtroom has been touched by Bob Bates.”
“I’m begging you,” she said to the judge, growing tearful as she asked him to not send her husband to prison.
Bates also approached the judge before receiving his sentence. His statements were indistinguishable due to his voice’s soft, hoarse tone.
While acknowledging testimony about Bates’ good standing in the community and lack of criminal record, Gray said in his closing argument that the sentencing is about ensuring that mistakes have consequences.
In delivering his sentence, Musseman recalled trial evidence that Bates killed Harris “because he didn’t know what weapon he had in his hand.”
“(Bates) found himself in that position because of his own decisions,” Musseman told the court, citing testimony that Bates had requested to join the task force operation the night before.
Bates was a model citizen until he found himself in that position, Musseman said, adding that he has read hundreds of pages of letters detailing Bates’ service to the community.
After Musseman delivered the sentence, Charlotte Bates told reporters she was “devastated.”
“My husband is a wonderful pillar of this community,” Charlotte Bates said. “It was a tragic accident, which we are all scarred for life because this man died. And to put my husband in prison for four years — my husband will die — and I want all of you to know you’re part of the responsibility for that.”
Bates’ daughter also placed blame on the media, telling reporters as she hurriedly left the courtroom: “I hope you all feel good about yourselves.”
Bates will get credit for the approximate month he has served in the Tulsa Jail awaiting sentencing, Musseman ordered. Before he was convicted April 27, he had been out of custody on bond since his arrest.
Musseman denied the defense’s request for judicial review to consider a sentence modification for Bates after he spends a year in prison. Musseman said he may reconsider that review in light of certain changes, such as in Bates’ medical condition.
Brewster has said he intends to file a direct appeal.
(102) comments
Looks like it's Slammer time.
How sad, an old man goes to prison for a tragic mistake for killing a multi convicted, ex con felon whose family will reap the financial benefits for his mistake. Should he have been where he was? (I pose that question for Harris and Bates) (No! Was this decision based on our current mood of PC? Yes! Again, it was a horrific mistake made by someone who should have never been there to begin with. I leave it up to you to decide of whom I speak. [sad]
I forget, how much less value is the life of a criminal? It's where I always get confused. I mean, I KNOW an unborn child is the MOST valuable life. But once born, obviously the value goes down since we don't have to care if he or she gets fed or a decent education, because, we can point to the few outliers who make it out of that situation. Then if that person commits a crime, obviously the value of life goes down dramatically, especially if they are poor and can't afford lawyers like Bates could. Heck, the editorial page about the DOC executions has people claiming the lives or so invaluable that it doesn't matter how they are ended.
So if we could all agree on a mathematical formula, you know, something like Value of Life = 1 - [years alive * felony convictions * (total net worth/local population average net worth)^-2] then that would be really helpful. Then we'd all know just how valuable the life is.
Another great post, Jonathan...
[thumbup]
[thumbup]
In the civil cases, the victim's family ends up with very little if anything. Attorney fees, medical expenses, etc. are taken out first. So Eric Harris' family are NOT going to get rich off of this...
So just because Eric Harris was a convicted felon means the courts should take it easy on Robert Bates. Not quite how it works. If everyone was where they are supposed to be, doing what they're supposed to be doing, there would be no need for the courts, the judges, the juries or the cops. The fact of the matter is Robert Bates caused the death of Eric Harris. Whether it was intentional or accidental, a person is dead and Bates is responsible for that. Bates' health and his age shouldn't be a factor. 4 years for manslaughter (I think it was murder myself) isn't a harsh sentence. People get more time for killing a dog. Robert Bates got what he deserved. Bates doesn't deserve preferential or special treatment. Bates is the same thing Eric Harris was, a convicted felon.
Being an ex-con doesn't make Eric's life any less important to the people who loved him. Devaluing a life because of mistakes made would make Fallin worthless, after all, she ruined an entire state, Eric merely owned a gun illegally.
And the point here is that Eric was an EX-con, that means he served his time and paid for his mistakes. He didn't deserve to die because he was in the wrong place.
What is sad is one man playing cop when he had no business being there has made a saint and martyr out of a person who should be in prison now.
"Again, it was a horrific mistake made by someone who should have never been there to begin with. I leave it up to you to decide of whom I speak. "
That statement could apply to Eric Harris.
AND to Robert Bates.
AND to Stanley Glanz.
Now the question is how much will OK taxpayers be on the hook for this. I'll be supporting any Sheriff candidate that ends this ridiculous program.
Just be glad Brewster failed to mount a new trial.
Thank you judge, for putting this convicted felon behind bars where he belongs.
The Bates-sheriff relationship ended up with disaster for both. Nobody won in this tragedy -- sheriff, deputy or victim.
What a mess
I don't know that any citizens knew about the garbage going on at the SO.
Most everyone expects felons to continue to break the law, but you can't send non CLEET certified 74 year olds on task forces.
The Grand Jury convened too early and let Glanz and Co go, and the County Commissioners gave them all full retirement benefits
[thumbup] [thumbup]
Prison costs the taxpayers $50,000 per year for each convict.
We should be able to punish this guy for far-less.
Community service would fill the bill.
Community service isn't enough for a life.
It is tragic an elderly man has to go to prison, and under a lot of circumstances I think community service would be warranted since there appears there was no malice and the man is not a criminal per se. Bates should never have been in the position to have made this mistake, and there is a lot of people to blame for him being there. Bates however used his influence and finances to put himself in a position that he could play cop, and he benefited from shortcuts in training and his fitness to serve was not properly vetted. Carrying a firearm, and putting on a uniform to serve the community is not a game and as tragic as it is, he deserves to pay the price for his real life mistake.
Maybe Harris could do some community service to come back to life? Maybe not.
Such a tragedy for everyone involved.
I find Mrs. Bates remark that her husband will die in prison and everyone at the courtroom will be responsible for his death, reprehensible.. Robert Bates is responsible
Yes, it was. She directed those statements directly towards the people sitting in the court. They also blame the media.
Sounds like Bates had bad legal representation.
I think he had the best that money can buy. Much better than most defendants have.
It's impossible to defend the indefensible.
Clark Brewster
is supposed to be the best criminal defense attorney in town. Perhaps it's just that justice was done for once.
Looks like he's back on the sauce again 💰 ⚖ 💰 ⚖ 💰 💸💸💸💸
Sad for all involved, each family loses someone either way or any way its viewed. Time to move on.
After reading the story, it seems both families dreaming about what could have been
Why didn't Mr. Bates take his health and age into consideration when playing cop? Or, remember when shortly after the incident he ran off to the Caribbean? Health was fine then.
Sounds rather typical to me: jail isn't for rich, white people who commit crimes. According to them, they're too old, too sick, etc, etc.
Can't do the time, don't do the crime.
That was my thought as I was reading the story as well.
In my view, Bates' negligence began with his presence with deadly weapons on sting operation.
He knew, or should have known, that he wasn't fit for the job. But he didn't care.
They talked about how old and frail he was but he was hale enough to go on TCSO stings and run around with a gun shooting people. If he was that frail he should never have been a reserve deputy.
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for the record bate's trip was cancelled
I hope he likes baloney on White Bread . [beam]
I hope he likes footlongs ... He's gonna get a lot of them now.
Do you think the Arian Brotherhood ☘ will let him join their club when he gets to the joint ? [beam]
Why waste time with hearing? This low class judge had his mind made up
before he came into the courtroom.
That's often the case. Remember that the judge also sat through the entire trial.
The purpose of the hearing is to air evidence that a sentence should be different than the one recommended by the jury.
None emerged.
"Low class?" What does that mean?
It means the judge didn't rule the way he wanted.
Just realized it was probably a rhetorical question.
"Low class" is someone who doesn't agree with you. [beam]
Do not Stanley Glanz and his cronies who faked the training records of Robert Bates, who in fact put a seventy-two-year-old unqualified, part-time deputy on the streets where he could do harm to others, bear some responsibility for the death of Eric Harris? How much time are Stan and his good old boys doing for their reckless, possibly criminal, behavior in this matter? Yes, Bates volunteered, but it was up to Stanley Glanz to make sure his deputies were trained and qualified for service. Glanz failed in discharging this responsibility, and his failure contributed to the death of Eric Harris.
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4 years compared to 6 ft under , Bates nor his family should have anything to complain about, bet if you flipped the script , his family would have been the first arguing for the max.
Eric Harris pistol whipped a 70 year old woman and a 81 year old man in the 90s. He beat two elderly people and was killed by an elderly person. Sounds like karma finally caught up.
The criminal lovers, of which there are about 7/8 on this website, believe criminals, especially minorities should not be arrested or impeded in any way. They believe law abiding citizens should be disarmed so their criminal friends can prey on citizens without fear of reprisal. The criminal lovers also want police forces disbanded.
Bates should have been given an award and the law changed so violent felons can be apprehended, no matter what it takes.
Now that Bates has been convicted and sentenced for committing a crime would his supporters now fall into your criminal lover category?
Yeah, like logic is gonna dent that can.
You could also point out that Harris WAS apprehended at the point Bates shot him, which is why he was on trial. But again, you'd have more luck convincing a wall that it's a window.
Anderson, would you and any other sissy liberal be so forgiving if it had been your elderly parents? The very fact you liberals advocate for criminals makes you criminal lovers and police haters. You also love aborted babies[sad]
Cindy, they're all "thug lovers". [beam]
Julie, Pam is always ugly which is why I have her on ignore. Makes my time here much more pleasant.
Pamela, what a ludicrous statement. I have never met a "criminal lover" in my 65 years in this earth nor have I ever known anyone who believes that minorities should never be arrested. Your true beliefs are ugly and on display for all to see. Mr Bates chose to insert himself into a crime scene when he was supposed to be acting as an observer. He made a fatal error or judgment due to the lack of training and the pass former Sherrif Glanz gave him. He is paying now.
Pamela....
"Bates should have been given an award "
I do believe he was awarded 4 years,
And I certainly hope he enjoys every single minute.
If that's your definition of karma Bill, then I hate to think of what you think karma will do to Bates in prison, considering he shot his load into a criminal face down on the concrete.
Hammer....
"Eric Harris pistol whipped a 70 year old woman and a 81 year old man in the 90s. "
That is a lie, and you know it.
Glanz should go to jail as well. He is the reason any of this happened.
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"Byars testified that Bates had been “thrust into a situation largely beyond his control” when he mistakenly shot Harris." Bates wasn't "thrust" into the situation, he actively sought out the situation. as the judge correctly pointed out. Bates called the night before looking for an exciting operation to participate in.
He wasn't supposed to leave his car, he was there for visual support only. He was asleep in the car when he suddenly woke up and jumped out of the car with his gun already in his hand. Bates "thrust" himself into the situation, he wasn't an innocent victim.
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I thought some or all of the prison time would be served on probation. I was wrong.
The judge held him to a standard different from most 2nd degree manslaughter (usually car wrecks that involve a fatality).
A car wreck isn't the same thing as killing a man with a gun.
He sort of looks like the BTK Killer with that mustache.
Bates will be out of prison in 12-18 months at most. Only people sentenced to one of Oklahoma's 23 'VIOLENT' crimes serve all of their prison time. SECOND DEGREE MANSLAUGHTER is not one of those 23 crimes. FIRST DEGREE MANSLAUGHTER is, as is MURDER FIRST AND SECOND DEGREE.
Bates will serve about 25% of his 4 year sentence in a minimum security facility. He has plenty of money so he can buy lots of food and pay for all of the doctor visits and medicine he wants. He can buy a television and probably have his family bring personal belongings. It will be nothing more than a short vacation.
Prisoners with no money cannot pay for lawyers and food and a doctor and medicine when they are in prison.
Bates got a hand slap because of his wealth. Eric Harris never could afford that luxury and he was shot and killed in the street.
Eric Harris was not on trial and he didn't kill anyone. His life was valuable, just as valuable as Bates.
George, [thumbup].
The [censored] Bates was on video (during a different arrest) tazing a naked and handcuffed man for no reason whatsoever.
Bates appears satanic and aggressive, so Glanz must be the same way if he defends that kind of absurdity.
[scared]
His wife thinks it's a "death sentence" to send him to jail ... you mean dead like Eric Harris? ... Sounds good to me.
Bates was healthy enough to be on patrol for a sting operation, then run after Harris and pile onto the scrum where Harris was pinned down.
Begging for mercy because of Bates' health sounded incredibly lame.
This is a just finding in response to the tragedy of Harris' unnecessary death.
The only way to find more justice in this case would have been for Stanley Glanz to share a cell with Bates. His abuse of his office led directly to Harris' death.
It's a scandal that Glanz didn't face a criminal charge in connection with Harris' death.
Glanz was like a bartender who kept serving drinks to someone already drunk, who then drove towards home and killed someone. Like an adult who leaves a loaded weapon out for a toddler to play with. Like someone who lets small children play unattended in his swimming pool.
I said the Grand Jury was too early.
I was wrong on this case initially, and as a taxpayer I'm outraged at County Government. I don't know that Regalado is fixing it.
Equally outrageous is the behavior of our County Commissioners who allowed actors in this play retire with full benefits
Jim, [thumbup]
I wonder if Glanz will visit him in jail. He should, if he can.
Some of you people leaving comments on this article are so mean spirited. If you live to be 74 and have health problems like Mr Bates, would you like to serve four years in prison? He needs to serve time and I think home detention would suffice just as well as prison time. If he dies in prison can the judge be charged with murder? How about the D.A,.
You do the crime, you do the time. Doesn't matter if you're a 44-year-old black man or a 74-year-old white man.
You must have forgot about the part where that same 74 year old killed someone. So because of his age he should be immune from punishment? He knew his age and medical status when he decided he wanted to be on an elite squad. He knew his age and medical status when he decided to pull a weapon on a man who was already apprehended. He knew his age and medical status when he pulled the trigger. If he dies in prison it is because he committed a crime that sent him to prison.
His health situation did not prevent him from attending and interfering in an active crime scene.
Being old doesn't mean you don't have to suffer the consequences of your actions. Bates killed a man. He got off easy. He could have been charged with 1st degree manslaughter and the sentence would have been harsher. This is just a slap on the wrist.
WOW!! Brewster lost round two!!! Not as good as he thought!
Look for a drunken bar fight this weekend, with Brewster swinging a broken Q-stick!!
Justice served! Bravo.
Bates saved lives! Bravo!
I agree.
Lives were saved when Bates was imprisoned.
Eric Harris never killed anyone.
Bates did.
Had to convict or LA riots all over again.
Had to convict because Bates was guilty.
And the all-white jury gave him the maximum sentence.
It's often referred to as the rule of law.
Read up on it.
Bates=accident Harris crimanal acts= intentional- karma caught up with him
Karma caught up with Robert Bates, Hammer.
I hope he is singled out for special treatment from his fellow inmates.
He deserves it.
I was a City employee for a town North of Tulsa. We were out on call when a lady came into the QT we had stopped at. Her white nightgown stained red in blood duct tape on her face, wrists, and legs. She could only get out she had left her husband at their home he had been dumped out of his wheelchair and they were both beaten because they didnt have as much money as the home invaders thought they should have. The animal you people defend was one of the three home invaders. I think justice was a long time coming
No one is defending Harris. The crime you speak of is not what this crime is about.
But a lot of people are defending Bates, even though Bates shouldn't have been where he was when he was, shouldn't have had access to the gun he pulled and shouldn't have shot a man who was already on the ground with a knee on his head with a gun or a taser. It does not matter who the person on the ground was. It could have been me. It could have been you. It could have been the Pope. It could have been Charles Manson. Irrelevant.
Exactly right, Cindy. The one person defending a criminal here is bill.
[thumbup], Cindy. Bill is now on ignore.
Big deal
Hammer, there is the silent majority who couldn't care less about the result of the shooting. Here's hoping it happens to more lifetime felons[smile]
....and when law enforcement officers break laws they, too, shall be sent to prison.
You SHOULD care, Pamela.
BILL!
You are lying, bro. Harris did no such thing.
Bates, however, is a real convicted murderer.
He deserves exactly what he got.
The problem with that is... You have decided to be judge, jury, and executioner.... All the police are supposed to do is catch the criminals, NOT CONVICT THEM!!!
Probably not very good to express yourself as the agrieved party, when you've just been convicted of a crime. Especially a crime where emotions run high. I personally get tired of the "everyone was touched by" deal, that's what got us here.
Not defending him just thought a medal would have been appropriate. Before you say what if it was your family member. It would not be we follow the law.
I don't feel sorry for Robert Bates. Whatever his quality of life currently is, the fact is that Robert Bates has a quality of life and Eric Harris does not, and Eric Harris does not have a life due to the actions of Robert Bates. With all due respect to Bates' wife & daughter, had some toy fake cop accidentally shot and killed Robert Bates, Charlotte Bates would be demanding jail time for the toy fake cop. She wouldn't accept anything less. Bates' daughter seems to be blaming the media. Is the media over-reporting on her dad? Probably. But had her dad not shot and killed someone, the media wouldn't be reporting on him at all. I'm hearing all this noise from Bates' family, but they still have their loved one. Eric Harris' family doesn't have their loved one. That's the end of the argument for me. Eric Harris should've went to jail that day, he shouldn't have been shot and killed by a fake toy cop who wanted some action.
“Everyone sitting in this courtroom has been touched by Bob Bates.”
That quote from Bates' wife. Sure everyone in that courtroom has been touched by Bates', everyone in this nation has. But that doesn't mean being touched by Bates' is necessarily a good thing. Eric Harris' family has been touched by Bates as well, but something tells me that touch is not a welcomed touch. Call me crazy.
Touch THIS, Bobby!
Enjoy your stay. You got a chance to play cop, and now you have a chance to play convict.
Hint: On those yummy bologna sandwiches you munch on?
THAT AIN"T MAYO!!
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