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Judge Refuses to Dismiss Bates Case

Tulsa County Sheriff

A judge has refused to dismiss a case against an ex-reserve deputy in Oklahoma who is on trial for second-degree manslaughter in the fatal shooting of an unarmed man.

A judge overruled a request Monday by attorneys for former Tulsa County sheriff's volunteer Robert Bates to dismiss the case on the fourth day of testimony.

Defense attorneys claimed prosecutors didn't call an expert who established that Bates' actions amounted to negligence. Bates says he confused his handgun and stun gun in the 2015 shooting of Eric Harris.

A prosecutor countered that no expert was necessary and that jurors simply need "common sense" to determine it's not a good idea to "go around accidentally shooting people."

Bates' attorneys were expected to begin calling witnesses Monday afternoon.