The former reserve deputy convicted of second-degree manslaughter in the death of an unarmed man is staying in jail.
Robert Bates asked to be released on bond until sentencing in four weeks. He fatally shot Eric Harris last April during an undercover gun buy.
Harris family attorney Dan Smolen said Oklahoma law doesn't allow bail for felonies when a gun is present.
"There's not a lot to debate with respect to what the statute says, and so I think for the court to do anything otherwise would have been giving special treatment to Mr. Bates," Smolen said.
Bates' attorney, Clark Brewster, tried to argue the law doesn't apply in Bates' case, which the judge rejected. Brewster lashed out at Smolen in the hallway while leaving the courtroom.
"Do you all feel safer now? This guy will protect you," Brewster said while getting into the elevator behind Smolen. "This is your protector right here. Do you all feel a lot safer about Bob Bates being in jail? I hope you feel real good about it. That's what I've got to say. This punk here is your protector."
Brewster also said Bates has medical problems jail will exacerbate, even calling the 74-year-old to the stand for seven minutes to talk about them. Bates said his knees, both of which were replaced, are severely swollen and painful, likely from sleeping on a thin jail mattress.
"He said that he is having problems sleeping on that bunk. My brother's probably having difficulty sleeping in a casket, so," said Eric Harris' brother, Andre.
Bates will be sentenced May 31. The jury recommended four years in prison.
