[ gunfire ] -- officer michael slager is heard talking with another officer and chuckling about his adrenaline high. >> what time did you get home probably be a good idea to jot down your thoughts of what happened and once the drenl quits pumping and stuff -- >> yeah it's pumping. [ chuckles ] >> what do we expect from the men and women who are sworn to protect us? i want to begin with the shooting in tulsa because of a 73-year-old volunteer sheriff's deputy by the name of robert bates. a lot of questions surrounding all of this. what exactly happened? what do you know? >>. >> well we know that tonight robert bates is facing second-degree manslaughter charges by prosecutors here in tulsa county. it stems from this shooting incident that happened earlier this month. take a look at how it all unfolded. this was captured from a camera placed on glasses that one of the deputies was wearing. >> stop right there! [ bleep ]. >> roll on your stomach. >> stop fighting me! >> now! [ gunfire ] >> oh i shot him, i'm sorry. >> ouch! [ bleep ] he shot me! he shot me! >> stop fighting! [ screaming ] >> he shot me! he shot me! >> get your hands up you hear me! i'm gonna get [ bleep ] mad! shut up! >> he shot me man! oh my god! [ bleep ]. >> i'm losing my breath. >> put your hands back. >> brooke, after seeing all of that robert bates stills had has the support of the leadership at the police department who had asked prosecutors not to file criminal charges. they say it was an excusable action given his role and his official capacity as a reserve deputy and working in this sting operation. and his defense attorney is also saying that he should not have been charged, that it was an accident of misfortune. >> we're about to talk to his attorney but what led to the shooting in the first place? >> this was an undercover sting operation. they say eric harris had a long history, that he was involved in various drug offenses as well as the sale of this illegal arms. you can take a look there was one video that was captured just before eric harris started running. this was taken inside the car where eric harris is seen on tape passing a gun to one of the undercover deputies. >> i got you. i just -- it's just gonna be a little bit -- [ bleep ]. >> you got another one, or is that it? >> that's it. it's a german luger. [ bleep ]. >> look out! he's running, he's running, he's running! >> and we're told by sheriff's officials that robert bates was supposed to be in a backup role in this situation. that he was not on the front line of deputies that were supposed to make the arrests. but that when eric harris ran past those deputies he was thrust into the situation. they say he was in a backup role in that capacity. we asked him should he have been in that situation, deploying a taser or handgun, they say he was working in official capacity. >> they clearly say this was not the plan. ed thank you very much. let me bring in clark brewster attorney for robert bates. mr. brewster great to have you on tonight. let's begin with what exactly your client -- we heard about how mr. bates was supposed to be backup. he was that last patrol car, almost ran into this man heading toward him. walk me through what happened. >> well, mr. bates and the team was briefed that mr. harris was a six-time felon. he had armed robbery conviction assault and battery on police officers escape from a penal institution. he had been known to be selling drugs and weapons. and it was arranged to do an undercover buy. mr. bates was merely part of the containment team two blocks away. he wasn't intended to be pressed into any kind of action other than to provide observation and containment. >> i know he'd been with the violent crime unit from 2008 but can you explain to me about his role as a reserve deputy. i understand he had donated some weapons to the sheriff's department had been involved with them for some time. how often had he been out on an operation like this? >> mr. bates is a former tulsa police officer. he's cleat certified, highly trained. in addition to being cleat certified, has been through hundreds of hours of training. and certainly would have the training to equip him and to qualify him for the position he held that day. but he's been out on a number of missions with them. usually as a containment officer or a person bringing equipment or as a scribe. he's seldom pressed into action but mr. harris ran virtually two blocks right into mr. bates and the fight unfolded in front of mr. bates. >> i understand that wasn't the plan but if you're saying he's a former tulsa officer. this tells me he's been in situations in the past. how did this go so wrong? how did a man with previous experience mistake a taser for a gun? >> well it's human error, frankly. it's like you lock your keys in your car. >> that's a major error sir. >> no, well, i know. it cost someone their life. so it's major. but it's inadvertent. you are in a stressful situation. you react in a way that is automatic, and he pulled the wrong device. and frankly he pulled the gun instead of the taser. >> do you have any idea -- because i've talked to a number of of police officers who say your dominant hand the right hand that is where you should have the gun, the taser on the left. do you know the specifics if those were confused? >> i know this. he's left-hand dominant. he had a pepper gun in his left hand. within virtually seconds of mr. harris being taken to it the ground and then fighting the other officers he announced taser, taser, used his non-dominant hand and it was the gun. he said that he saw the laser site on the shoulder assumed it was the taser. both the gun and the taser have a laser site. it's not the first time an officer has made that mistake across this country. >> i understand. but when it does it makes news especially when someone loses his life and especially when it's someone with experience such as your client. let me just ask you, explain to people who are trying to understand what a reserve deputy does and their role with the sheriff's department specifically the gifts, the guns he's given. >> well i mean the fact that he's been benevolent to the department shouldn't be criticized. it should be applauded. i mean we have a lot of citizens that give to the community. and we have a very benevolent community here, large givers to the city and to the police departments and he's a person that has stepped up not only with his time, but his benevolence. there's nothing sinister about that. >> clark brewster i appreciate it very much. we'll follow through what happens to your client charged with second-degree manslaughter. meantime violent encounters with lrs are being caught on camera again and again across this country. now the unwelcome spotlight this time around is falling on tulsa. joining me now, mayor dewey bartlett. mr. mayor, good evening. >> good evening, how are you? >> i'm doing okay. my question would be how are you doing? let's talk about tulsa and and let's talk specifically about, i'm curious if you've had a chance to meet with eric harris's family yet. >> no i have not. and i would like to clarify one thing just to make certain, of course this whole situation unfortunately unfolded with the tulsa county sheriff's department. i'm mayor of the city of tulsa. we have a city police department and they're not associated in any manner shape, or form. what we are concerned about -- >> but, sir, this is your community. i understand you want a delineation between what's happening in the county and the city, and you don't want to touch that. but these are your constituents. these are your people. >> absolutely they are. and that's one of the things we recognize. and what we recognize very well is that the families that are involved with this no matter what side of the issue you're on these devastate families. we have been through these kind of events before and what we do as a community, we understand very well that when something happens to one of our local families, this gentleman, he was a citizen in the city of tulsa and it happened in the city limits, so we well understand the significance of it. but we come together as a group, as a community, and we try to deal with this whole situation. but we really recognize the families. and we understand very well that whatever happens to one of our families it has an impact upon the entirety of our city good or bad. so we understand that and we try to deal with it in that way and hopefully use it as a tool to teach people and give them some good common sense approach to not only policing, but also ways of life. >> understand. and your whole point about how this affects their families. it's like your family there in tulsa. let me play some sound. this is what eric harris's brother -- this is the victim's brother -- this is what he said today in a news conference. take a listen. >> when you're the law, i guess you feel like you can do things and get away with it and not get -- not get exposed. well we come to expose it. we come to pull the mask off the evil. we come to shine the light on the darkness, and we come for change here in our community, in tulsa, oklahoma. >> shine a line on the darkness mr. mayor. how do you respond to that? >> well, we're very fortunate we have a terrific police department. we have some very high standards. we require a college degree or similar before an individual will be considered to be a tulsa police officer. the gentleman that's having the problem, the deputy reserve, he was a tulsa police officer, but i believe only for about one year and that was 30 or 40 years ago, and i believe it was before those standards were raised. >> so do you think it would be worth re-examining the use -- because i know not every city in this country uses reserve officers reserve deputies at sheriff's departments. should that be reconsidered? >> well we do use reserve officers but we do not use them in the way that the sheriff's department has done in this particular instance. we use them mainly for crowd control, for parking situations working concerts traffic control, that sort of thing. our our reserve officers go through an academy, with high standards of training much more so than many times other police departments. so we have specific rules and regulations. they have a lot of supervision. so they are put in a situation to where this type of activity would not occur. >> okay, mareyor dewey bartlett in tulsa, thank you very much upon. when we come back a retired new york police detective weighs in. how do you confuse a taser and a handgun? also the road to the white house. why president obama is not yet endorsing hillary clinton. and why marco rubio could be up against his mentor jeb bush. you're watching cnn. i care deeply about the gulf. i grew up in louisiana. i went to school here. i've been with bp ever since. today, i lead a team that sets our global safety standards. after the spill we made two commitments. to help the gulf recover and become a safer company. we've worked hard to honor both. bp has spent nearly 28 billion dollars so far to help the gulf economy and environment. and five years of research shows that the gulf is coming back faster than predicted. we've toughened safety standards too. including enhanced training... and 24/7 on shore monitoring of our wells drilling in the gulf. and everyone has the power to stop a job at any time if they consider it unsafe. what happened here five years ago changed us. i'm proud of the progress we've made both in the gulf and inside bp. man: you run a business. could be any kind of business. and every day you've got important decisions to make, like hiring. where are you gonna find those essential people you need? 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>> why was he only a police officer for one year? did he have a problem with his probation period? that's something we should know about. that's a problem to me. second of all, why is an unprofessional -- i got nothing against auxiliary police officer. >> they're helpful. >> and they give their time. but the problem s you can't have a man like this on an undercover sting operation. all right, you got to have professionals that do this all the time. >> they say he was supposed to be support. he was the last line in the last patrol car there, was supposed to -- >> shouldn't have been anywhere around this guy. >> bernie i'm curious, do you feel the same way, with all your years on the force in new york? >> i'd have to agree with harry. it's a 73-year-old man. i don't know how much training they get at reserve officers there. but why he was on any sting operation, but this is a sting operation where he was selling guns. he was giving a gun to an undercover. what he was doing in this group, i don't know. i just think it was inappropriate. >> according to the attorney i think he was supposed to be there after the arrest was to have taken place when he would help with itemizing items in this man's apartment. didn't go according to plan. the other part is the defense attorney says no no they're overcharging second-degree manslaughter. they say it should be excusable homicide. they say mistakes happen. you hear him say on the videotape, i'm sorry, it's a mistake. >> my immediate thought is this is exactly why you need an independent body to investigate the police, instead of the police investigating the police. but also another thing that's going to be huge in this case is the potential civil liability of tulsa. because here you have what is clear a policy and a pattern and practice where a man with training, without training who was a police officer maybe 50 years ago for a year maybe not, who was sitting in on a sting operation, under the supervision and authority of the state and he acted in that capacity and deprived this guy of his rights by killing him. >> but excusable homicide when i read that tonight, it sounds like an oxymoron. i realize it is part of the law. homicide can be excusable based on what? >> i think how they think it would fit under that category is that they're looking at it in their judgment and through the lens of being an officer and saying hey, under the circumstances of the stress, the fact that it was a mistake, the chaos of this guy escaping the fact that he's a six-time felon, mistakes happen too bad. but the truth is since you have video, since you now have the public leaning in and looking at these cases, at first blush, we look at that and say, wait a minute you may think it's excusable homicide but this is not going to get dismissed because you believe that. it needs to go through the justice system and to have somebody as a purveyor of the facts take a look. he may have a defense. he may never be convicted, but let it go through the criminal justice system to make sure that this man who was killed gets his day in court. >> mark, i want to hear from you. i'm wondering if you see this as another example of somebody providing -- us having video, seeing what happened. it was a body camera. but lifting the veil over the roll of this reserve deputy. your thoughts? >> yeah i think this is exactly why we need to police the police. without videotape, it's hard to imagine what the story would be. it may be the same. i pulled the wrong weapon out, or it could be a story that he was trying to resist that he was being violent. we would do what we see is common practice we tried out the person's prior arrests and convictions, we framed him as dangerous and threatening, then we justify killing them. january 1st, 2009 oscar grant was killed by bart police in oakland and the same argument was made. he was resisting arrest he was on his back, then we pulled out the taser, but accidentally a real gun and shot him in the back. the story is common. but we need to know the full story. we can't reduce it to the level of this individual officer. we have to understand why he was allowed to be there. and f your breath we need to -- >> i understand that. that's an important point. it wasn't the individual we're discussing but it was another officer at the scene. i want to show you another case as we're talking about all this. this driver in south carolina tasered during a traffic stop last year the stun gun fired by the same officer who is now charged in the shooting death of walter scott. 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[ indiscernible ] >> back up i'm gonna tase. >> [ bleep ]. [ bleep ]. >> turn over! turn over or you're going to get hit again! >> cuff him, cuff him! >> actually, there's several minutes that lead up to this moment. first to you, bernie in which you hear this officer asking him, appears to be fairly politely get out of the car, ultimately seeing him down on the ground and they're tasing him. bernie, from your vantage, was proper protocol followed? >> basically from what i see, yes. i mean, look and the one thing i think you're going to see over the next weeks, several months this is not going to be the only case where lawyers come forward to talk about the officer's past conduct. there will be several of these cases, i'm sure. use of force cases, arrests, things like that. any time an officer comes under scrutiny such as the officer involved in this shooting. previous defense lawyers are going to come forward to have their cases looked at. this will not be the first one. >> so this individual apparently came forward and said everything that happened with walter scott gave him this courage to come forward, even though we had pointed out, that he had pleaded guilty for resisting arrest and this has only happened a year or so later. do you find the timing suspect or not at all? >> i mean perhaps. often times when one thing happens, the floodgates open up. it could be someone who is opportunistic, or it could be someone who feels the national tenor and tone has shifted in such a way that you can address problems that are created by law enforcement. >> how has it shifted? >> after the walter scott shooting around the country, and in ferguson the military response of law enforcement during the protests america saying the police aren't perfect. they're not blameless here. and that kind of conversation allows us to actually seek justice when we couldn't before. >> i want you to weigh in on the point he's making and also with your legal hat on now that you have this civil case filed on to already this murder charge most recently involving officer slager. does that alter his case currently at all? >> the case against -- >> against officer slager currently involving the murder of walter? >> no totally different. and based on that when you see the three police officers trying to extract somebody from a car that's clearly resisting, he's pled guilty. i would find it highly suspect that a section 1983 claim would actually be successful in that case. >> okay. >> but to mark's point, he's right on one account. we saw it with the bill cosby situation. >> what do you mean? >> people suddenly thought they were going to be believed and now you feel safe coming forward. however, that doesn't mean we go to the other extreme and say this is happening everywhere and all the police are bad. you have to look at these situations on a case by case basis. what's problematic about this case in tulsa, the police knew they had a 73-year-old man who probably didn't have the right training who had absolutely no business being anywhere near an undercover sting operation, armed, who got involved and as far as i can tell violated his constitutional rights. killed him. >> that's the point. because otherwise it's a strawman argument. i agree there's something wrong with the 73-year-old person involved in the sting, but i don't think the argument has been that all police are bad. we all know police officers who are nice people who we like they're our friends or family. >> really quickly, talk to a police officer. we definitely appreciate having on. i want to get him in. i think it's also important to point out some of the audio that we're hearing not only from the recent incident you hear this nervous laughter from this officer in talking about how his adrenaline is pumping. pivoting back to pulsea when you hear this man down and saying i can't breathe this is what you hear next from another officer. >> my breath. [ bleep ]. >> [ bleep ] your breath. put your hands back. >> now i know not personally -- i know being a police officer is not a pretty profession. >> they're not playing hop scotch with this guy. when you're trying to handcuff a guy, they all yell i can't breathe. if you can't breathe, you can't say, i can't breathe. that we know for a fact. >> but i'm the officer saying f your breath or i don't give an f. >> you're in the middle of a fight. >> it's easy to take five seconds of audio and indict the police. this was a sting operation. the guy was selling weapons illegally to an undercover officer who is part of a gang unit. he takes off. he's admitted that he was on pcp. >> i understand. [ all speak at once ] >> bernie could attest to this when somebody's on pcp, they're like super human strength. >> no one's saying he shouldn't -- >> six of us trying to handcuff a guy on pcp. they're insane. >> but once somebody's handcuffed or they say they can't breathe, there's no justifiable reason -- >> once they're handcuffed though -- >> once somebody's been shot there's no reason to say, you shouldn't have run. >> come on mark. >> we're not saying that he shouldn't have been. we're not using the shooting as a justification for the fact that he shouldn't have run. he wasn't cuffed. they're trying to get him under control. the one officer said he didn't know he had been shot at that point. >> exactly. >> you can't say the police should have acted like they were having a cup of coffee. they're trying to get a guy under control. [ all speak at once ] >> go ahead, mark. >> not a tea party. the guy had been shot and they said f your breath. police have to be held to a higher standard. >> oh, come on. >> it's inhumane and disgusting. >> all right, i appreciate the discussion. i really really do. coming up the road to the white house, it's getting started to get crowded. hillary clinton, surprise officially running. so is marco rubio and the jabs are already being thrown. we'll get into all of that next. you're watching cnn. if you're taking multiple medications does your mouth often feel dry? a dry mouth can be a side effect of many medications. but it can also lead to tooth decay and bad breath. that's why there's biotene available as an oral rinse toothpaste, spray or gel. biotene can provide soothing relief and it helps keep your mouth healthy too. remember, while your medication is doing you good a dry mouth isn't biotene, for people who suffer from a dry mouth. so what about that stock? sure thing, right? actually, knowing the kind of risk that you're comfortable with i'd steer clear. really? really. straight talk. now based on your strategy i do have some other thoughts... multiplied by 13,000 financial advisors it's a big deal. and it's how edward jones makes sense of investing. [woodworker] i live in the fine details. that's why i run on quickbooks. i use the payments app to accept credit cards... ...and everything autosyncs. those sales prove my sustainable designs are better for the environment and my bottom line. that's how i own it. all of no one surprised when hillary clinton announced she's running for president. but some people may have been surprised to see her at of all places today, chipotle. welcome to campaign 2016. and now marco rubio throwing his hat into the ring. let's go live to miami for all of this. beginning with marco rubio, we've talked about the video, now finally, the announcement. you were in the room what was it like tonight? >> certainly there was a lot of energy for him. these are his core supporters. but we were talking before about what an eloquent order he is and he certainly ended up that way. as he started, he looked nervous, maybe uncomfortable, like oh my goodness am i doing this. but when he got into it his message was clear, it was a generational one, he is the candidate of tomorrow and there are others who are the candidate of yesterday, particularly his democratic opponent if he gets the republican nomination. listen. >> just yesterday a leader from yesterday -- [ applause ] -- began a campaign for president by promising to take us back to yesterday. >> that was really the theme throughout brooke talking about his age, basically trying to turn his inexperience rel to the older candidates and youth, on its head as a plus. we'll see if that works out in the long-term. >> they tried to slam senator obama for it now you have all the freshman gops, same situation. what a fascinating story that will happen in florida. you have marco rubio, assuming you have jeb bush. they're actually very close. bush a mentor of senator rubio's. great both of them with the hispanic vote. how will they manage that line there? >> it's not going to be easy to manage. they're doing the best that they can now. really it seems to be a harder line for their friends and supporters in florida to manage than them themselves. but the interesting dynamic in florida, especially is the way they appeal to latino voters. obviously marco rubio who spoke spanish here is of cuban descent. he's fluent in spanish, and so is jeb bush. he's a blue blood, but he's married to a mexican american. they speak spanish at home. he understands the language and the culture. in florida that matters big time. both of them did very well in general elections against democrats with the hispanic vote. it will be interesting if and when the two of them go head to head in florida, which is a very important state, that could determine whether or not one or the other gets the republican nomination. >> for now, dana, thank you. coming up, road trip. she's in the heartland and tweeting up a storm. so is this a new hillary clinton? hey, girl. is it crazy that your soccer trophy is talking to you right now? it kinda is. it's as crazy as you not rolling over your old 401k. cue the horns... just harness the confidence it took you to win me and call td ameritrade's rollover consultants. they'll help with the hassle by guiding you through the whole process step by step. and they'll even call your old provider. it's easy. even she could do it. whatever, janet. for all the confidence you need td ameritrade. you got this. discover card. hey there, i just got my bill and i see that it includes my fico® credit score. yup, you have our discover it card so you get your fico® credit score on your monthly statements and online...for free. that's pretty cool of you guys. well we just want to help you stay on top of your credit and avoid surprises. good. i hate surprises. ahhhh ahhhh are you ok? nope. we treat you like you'd treat you. we've already given more than 175 million free fico® credit scores to our cardmembers. apply today at discover.com hillary clinton is taking her brand new presidential campaign on the road. first stop iowa. but how will the new hillary play in the heartland? joining me republican strategist and supporter of jeb bush and friend of marco rubio. lanny davis, special counsel to president bill clinton and connie mac, a supporter of jeb bush. welcome to all of you. 50 first up "snl" campaign 2016 and hillary clinton, roll it. >> now, since we're announcing your candidacy via social media, we thought it would be fun if you actually filmed the video yourself on your own phone. that way it seems more personal and intimate. >> a-ha. personal and intimate. i better take off this jacket then. [ laughter ] >> that's much better. want to do some vocal warm-ups and then we'll get started. >> okay love to. hillary's a granny with a twinkle in her eye. hillary ace a granny and she makes an apple pie. first female president, first female president, me me me me me me! >> great mrs. clinton. now hold up your phone and you can just look natural. >> okay. >> maybe you want to soften a little. okay a little more. maybe a lot more. great. okay and action. >> citizens you will elect me i will be your leader. >> this election is about you. i don't want to hog your limelight. i'm leaving. look at me go. bye. i'm gone. >> i mean how funny is this. i've got the giggles. congressman, the world knows the clintons. there's that version of hillary clinton, there's the clinton eating at chipotle in iowa rolling up in a van, driving all the way from new york not in a big jet. how congressman does hillary clinton re-introduce herself to america? >> well, unfortunately, i think you're asking the wrong person. but i do think though that what she's doing is interesting and it's unique it's different. if you notice all the candidates are sort of looking for a different way to roll out their campaigns. i think hillary clinton knows that last time around, she seemed too distant from the people. and so she wants to engage the people in a different way. but at the end of the day, all of these things aren't as important as where they stand on the issues what their vision for the future is. what's really what's going to be at stake. >> but at the beginning here it obviously provides "saturday night live" and others some comic relief. >> well we'll wait because there will be many others to provide us comic relief in the months to come. >> oh no this wasn't a shot at her. i'm just saying -- >> i hear you, i hear you. >> there's a lot of fun going on. >> and this is the best part of watching "snl." but lanny, to you, long-time adviser to the clintons i understand you met hillary clinton in line to register for classes at yale law in 1969. so you go back. what's her abstackel? >> the real hillary clinton would watch that "saturday night live" and laugh. the first thing she asked me from standing in line, i was a senior she was a freshman. it's not what courses are difficult and how do you study, but where do you go for the nearest legal services clinic? and i looked at her, is that what you're thinking of doing at your first day at yale law school. and she said yes, that's what i want to do. she's not changed since then and she's got a great sense of humor. and connie mac, i think he's supporting a good man named jeb bush if those two end up being the nominees america will be proud either way. >> i think we've heard of the clintons and the bushes before. anna you know this bush very well. i think it's going to be interesting to watch with rubio and jeb bush. they both come from florida, have a close relationship. you know the whole narrative. i understand they were on a plane, sitting side by side both writing at the same time, speeches? >> i don't think jeb was writing a speech. i think marco was working on this speech and i'm not sure it's not going to be more entertaining to watch from new york than it is when you are actually in the 305 and caught in between two friends who see themselves running. this is, you know, i think both of them are starting by saying that they're not running against each other. that they are running on their agenda and their vision. let's see how long that can be kept up. you know, it gets awkward at times. but they have a genuine, long-standing friendship. jeb was marco's mentor. and there is great affection between the two of them. i've witnessed it for years, for decades. i think connie has too as he can tell you. so it's going to be interesting to see how it develops. as a friend of both of them i do hope that it can stay clean and about issues agenda vision as we go along. >> okay ana navarro, lanny davis, congressman, thank you all very much. we'll be right back. >> thank you. 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