Los Gatos Man Sentenced to 3 Years Probation For Sex With Minors

A Los Gatos young man, who pleaded guilty to 13 counts of sexual assault against minors, was sentenced Friday to three years probation.

David Raymond Bates, 21, admitted guilty to all charges and received the punishment from Santa Clara County Superior Court Judge Philip H. Pennypacker, which includes having to register as a sex offender his entire life per California Penal Code 290.

Judge Pennypacker also ordered Bates to stay 300 yards away from Los Gatos High School, where four of his victims attended while he committed the crimes and he's prohibited from using all social media networks.

Bates will also have to go to a sexual offenders rehabilitation program and has to stay 300 yards from all victims wherever they may be.

His conviction on the charges signifies he has three strikes hanging over his head, which means if he violates conditions of his probation, or commits another crime, he will get a minimum of 25 years to life in jail, Judge Pennypacker stipulated.

Bates pleaded guilty to 13 counts of sexual assault against four minor victims in the summer of 2012 while the girls were students at Los Gatos High School.

On Oct. 1 and Nov. 1, Bates appeared briefly before Judge Pennypacker who scheduled the parties back to court Friday, Nov. 8 for formal sentencing.

The charges against him varied from oral copulation with a minor under the age of 16, to unlawful sexual intercourse with a minor more than three years younger than the defendant to annoying or molesting a child under the age of 14 and to lewd or lascivious acts on a child under the age of 14.

Three of the 13 counts are considered three strikes and statutory rape. By law, on these crimes against the girl—who was 13 years old at LGHS— Bates was required to be psychologically evaluated before sentencing.

Sentencing was delayed due to having to wait for the completion of his mental evaluation report.

Bates' attorney, Santa Clara County Deputy Public Defender Ross McMahon told Los Gatos Patch on Oct. 8 that testimony at the preliminary examination for the case "strongly suggests that [it] was consensual sex between teenagers."

Parents of the victim girls attended the court proceedings hoping Judge Pennypacker would impose prison time for Bates as opposed to probation.

"I'm just sad that an admitted sexual predator was put on probation," said one of the parents who attended the hearing.

Three other parents also attended the hearing as well as several community members. Two mothers read statements before Judge Pennypacker.

"Because he pleaded guilty, the judge offered him probation," one of the parents said. "He's guilty of three strikes. He has three strikes hanging over his head. If he is to break probation or break the law he's looking at 25 years to life minimum."

The parents are dismayed that Bates, who lives in Los Gatos, will be around town and could face his victims causing additional pain and anguish for them. "It would have been nice to send him away to keep him away from the girls while they're in high school," the parent said. "But he has to stay away from Los Gatos High School."

Bates had been in custody at the Santa Clara County Jail.

Santa Clara County Deputy District Attorney Christopher Walsh said there were no additional victims in the case besides the four original girls who reported Bates' crimes to police authorities.

Walsh originally wanted a six-year prison sentence for Bates, but Judge Pennypacker had indicated he would give Bates probation.

Bates lives in the Town Terrace Apartments in Los Gatos, which is near University Avenue and Avery Lane. Parents said they planned to make fliers with Bates' photograph to alert the community that there is a "sexual predator" in the neighborhood.

All four victims, according to the parents, are in therapy programs to overcome the sexual abuse committed against them by Bates, or they're in far-away intense rehabilitation programs.

"They're going to need intense therapy for quite some years and the state is contributing toward that. We've been encouraged to turn over all of our bills in for restitution," one parent said.

"My daughter is very fragile, but she has turned a leaf," said the parent. "With him being out, I'm not going to have her come back into this community for probably many months so she can grow and be in a positive therapeautic academic environment. I don't want my daughter around him."


ALSO ON LOS GATOS PATCH:

• No Sentencing Yet For Los Gatos Man Accused of Sex Crimes Against Minors
• David Bates' Attorney Says Sex Was Consensual
• Sentencing Delayed For Los Gatos Man Accused of Sexual Crimes Against Minors
• Los Gatos Man Awaits Sentencing on Sexual Crimes Against Minors