Bob Bates supporters carry signs outside courthouse ahead of ex-reserve deputy's arraignment

TULSA - Former Tulsa County reserve deputy Robert Bates pleaded not guilty Monday during his district court arraignment.

Bates, 73, is charged with second-degree manslaughter in the April 2 death of Eric Harris.

Bates said he mistook his gun for his Taser when he shot Harris during an undercover operation.

Andre Harris, Eric Harris' brother, attended the arraignment. It was the first time he had seen Bates in person.

"It allowed me to kind of feel out his spirit a little bit, and I didn't feel no remorse [sic] in his heart for what he did, just kind of going through the motions," said Andre Harris, Eric Harris' brother.

Bates, who had already pleaded not guilty during his initial appearance, waived his preliminary hearing in June.  

The trial is scheduled to begin Feb. 8, 2016.

Supporters arrived ahead of Bates' 9 a.m. hearing, carrying signs that read "We Support Bob Bates!"

Bates attorney, Clark Brewster, maintains his clients innocence.

"It's our position that this was a mistake, an accident that shouldn't result in criminal charges, that will be the basis of our defense," said Clark Brewster, Bates' attorney.

Also, at Monday's court proceeding Judge James Caputo did not recuse himself. Caputo is a former reserve deputy and his daughter works for the Sheriff's Office.

The attorney for Eric Harris' family says in the interest of transparency, Caputo should have stepped aside.

"Everything is viewed through this paradigm of Judge Caputo's relationship with the Tulsa County Sheriff's Office no matter what he does whether it's positive or negative," said Daniel Smolen, the Harris family attorney.

In addition to the criminal charge, Bates is facing a lawsuit filed on behalf of Harris' estate and another man, Terry Byrum, who Bates allegedly stunned while restrained during a traffic stop in February 2015, according to the law firm Smolen, Smolen and Roytman.

SPECIAL PAGE: Tulsa County Sheriff's Office and Robert Bates

Bates is next due in court Nov. 18 for a discovery hearing.

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