Oklahoma prosecutors have charged a sheriff’s reserve deputy with second-degree manslaughter in the fatal shooting of an unarmed African-American man in Tulsa. Robert Bates — who is white — says he mistakenly used his handgun instead of his stun gun, killing the victim, Eric Harris. Video from the Oklahoma sheriff’s department shows police officers exiting their cars and chasing Harris. After officers catch up to Harris and bring him to the ground, an officer calls out the word “Taser” twice, before firing a single, fatal shot. When Harris says, “I’m losing my breath,” an officer responds, ”BLEEP your breath.” On Monday, Eric Harris’ brother, Andre Harris, spoke out about the case.

Andre Harris: “If he had as much training as he supposedly had, he would definitely know a .357 from a Taser. This is something that either he didn’t really think about, or he just decided that he just wanted to shoot, and he would worry about it later.”

If found guilty, Bates’ second-degree manslaughter charge would likely mean a sentence of two and four years in prison. Bates is a wealthy insurance executive and heavy donor to the Tulsa police department, who gets to volunteer on the force as a reserve.