TULSA – A federal judge has denied an emergency request to have the weapon held as evidence in a second-degree manslaughter case examined for civil proceedings.
The request to have the gun used by Robert Bates tested in order to determine whether or not the trigger was altered was denied Thursday. This is the same gun Bates used in the accused shooting of unarmed suspect Eric Harris during an undercover operation. Bates claimed he accidentally grabbed his gun and intended to use his Taser when he shot at Harris.
According to Bates’ defense attorney, the motion to have the revolver tested by an expert was not brought to the defense before filing the motion to compel. The defense goes on to say that the emergency motion was used as a tactic to gain attention by the media in order to “sensationalize” the information in advance of Bates' trial, which starts next week.
Bates has pleaded not guilty of second-degree manslaughter in Harris' death.
The federal judge sided with the defense and denied the motion to compel a test of the gun.
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