TULSA, Okla. (AP) — An ex-volunteer sheriff’s deputy in Oklahoma unnecessarily used a stun gun on a restrained suspect less than two months before he fatally shot an unarmed and restrained man, an amended federal lawsuit filed Monday alleges.
The former Tulsa County reserve, Robert Bates, is accused in the complaint of using his stun gun in February on restrained suspect Terry Byrum after a traffic stop. Byrum, who was convicted later that month on drug charges, is serving an eight-year sentence at Lawton Community Correctional Center.
On April 2, Bates fatally shot Eric Harris, who was restrained after running from authorities during a sting involving gun sales. Bates has pleaded not guilty to second-degree manslaughter in the Harris case, saying he confused his handgun and stun gun.
Clark Brewster, Bates’ attorney, said he hadn’t reviewed the entire complaint, but that if Bates used his stun gun on a suspect, it would have been for good reason.
“I wouldn’t think for a moment that Mr. Bates would use unnecessary force,” Brewster said.
An arrest report states Byrum tried to run from authorities after being handcuffed and that Bates had to use his stun gun because Byrum continued to resist arrest while on the ground.
The lawsuit presents a different story. It says Byrum was pulled over on Feb. 12 for driving with a suspended license. After he was handcuffed and being walked to a sheriff’s cruiser by another deputy, he asked his girlfriend to make arrangements to have him bonded out of jail, the lawsuit says.
The complaint alleges the deputy then forced Byrum to the ground on his stomach and placed his knee into Byrum’s back. Bates then allegedly approached and placed his foot on the back of Byrum’s head and upper neck. Bates then used his stun gun on Byrum’s leg, although the lawsuit claims Byrum was not resisting arrest.
“(Byrum) is the Harris situation, except Bates shot Harris,” Dan Smolen, the attorney for the Harris family and Byrum, said Monday in an interview. Smolen said the incident indicates the Tulsa County Sheriff’s Office knew Bateswas acting unprofessionally and “in a matter that would violate the Constitution” before Harris’ fatal shooting.
Harris’ estate and Byrum also name Sheriff Stanley Glanz as a defendant in the lawsuit, accusing him of failing to ensure Bates was properly trained. A spokesman for Glanz did not immediately return a message seeking comment about the lawsuit Monday.
Weeks after Bates shot Harris, a leaked 2009 memo raised concerns about the training for Bates, who has donated tens of thousands of dollars in equipment, vehicles and cash to the Tulsa County Sheriff’s Office.
The Oklahoma State Bureau of Investigation is looking into the Harris shooting and a Texas-based firm has been hired by the county to audit the agency. Separately, a grand jury petition signed by thousands of Tulsa County voters has called for an investigation into whether Glanz neglected his duties and whether reservists who gave gifts to the sheriff were given special treatment.
The reserve deputy program has been temporarily shelved while the training records of all 126 reserves are reviewed.
The federal lawsuit was initially filed by a jail trustee alleging he wasn’t given proper medical care after he was attacked by another inmate.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
