Man Gets 12-Year Prison Term

Gates Pleads Guilty To Several Charges Including Battery In The Second Degree

Tuesday, December 11, 2012

— A Rogers man was sentenced to 12 years in prison after pleading guilty to charges in connection with the accidental shooting of an 8-year-old girl and hitting a man with a car.

Jose Daniel Gates, 28, pleaded guilty Monday to battery in the second degree, leaving the scene of a personal injury accident and possession of firearms by certain persons, all Class D felonies. He pleaded guilty under an agreement Deputy Prosecutor Carrie Dobbs reached with Gates’ attorney Drew Ledbetter.

Gates
Gates

The battery and personal injury charges are in connection with the December 2009 accident when a Chevrolet Blazer driven by Gates hit Oscar Cortez.

Cortez was standing outside his vehicle in the 1200 block of West Sunset Drive when he was hit by the vehicle.

A witness — Mary Coker — told police Cortez was talking to the people in the Blazer before it circled around and struck him. The impact threw Cortez 15 feet, according to Coker’s statement to police.

The firearms possession charge involves the accidental shooting of Gates’ daughter at their home. According to court documents, Gates took his daughter to the emergency room at Mercy Hospital to be treated for a gunshot wound to her right leg and left big toe. Gates told police he was in his bedroom and his three daughters were in the living room when he heard a gunshot, according to the affidavit.

At A Glance

Class D Felony

Under Arkansas law, a Class D felony is punishable by up to six years in prison.

Source: Staff Report

The oldest girl ran to her father and said she did not mean to do it. He went in the living room and saw the 8-year-old on the couch with her toe bleeding. Gates took the girl to the hospital, according to the affidavit.

Gates later told police the gun was on a shelf in a closet in the living room. His daughter had to climb in order to get the gun.

Gates, who has a previous felony conviction, is not supposed to possess a firearm.

Dobbs told Circuit Judge Robin Green that Gates had felony convictions for breaking or entering and failure to appear, but those convictions did not involve violent acts.

Dobbs told the judge Rogers police agreed with the plea. Some detectives were in the courtroom during the proceeding.

Green accepted the plea agreement and Gates’ guilty pleas.

She followed the agreement’s sentencing recommendations and ordered Gates to serve six years in prison each on the battery and firearm convictions. The sentences will be served consecutively, which mean Gates’ sentence is 12 years.

He must abide by a suspended sentence for six years after his release from prison.

Gates received 224 days of jail credit for the time he spent in the Benton County Jail awaiting trial.

He must pay $2,692 in court costs.

“My client and his family are glad to have this case behind them,” Ledbetter said. “Jose is looking forward to being released from prison and leading a happy life with no more trouble with the law.”