Crime & Safety

Sentencing Delayed For Los Gatos Man Accused of Sexual Crimes Against Minors

A hearing has been set for 2:30 p.m. Nov. 1 to hear psychiatric report on David Raymond Bates.

The sentencing for a Los Gatos young man who has pleaded no contest to 13 counts of sexual assault against minors was delayed until 2:30 p.m. Nov. 1 by Santa Clara County Superior Court Judge Philip H. Pennypacker.

Dressed in jail garb and shackled at the hands and feet, David Raymond Bates, 20, appeared facetious, blinking a lot, as Judge Pennypacker explained he was postponing the sentencing until a psychiatric report can be submitted to the court on his mental condition.

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

The charges against him vary 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.

Santa Clara County Deputy District Attorney Christopher Walsh explained Bates wanted to get out of custody today pending sentencing, however he objected on the basis that a report on the defendant's psychiatric condition, required by law, must be submitted to the court before him being set free.

Walsh also explained Bates is not waiving time for sentencing so it's unclear whether he can ask for probation. The report, however, might not be completed by the time Bates, Walsh and Santa Clara County Deputy Public Defender Ross McMahon return to court next month to meet with Judge Pennypacker.

Not waiving time for sentencing means the defendant was not asserting his  right to have certain proceedings conducted within certain time limits.

By law, on the three charges that involve the most serious offense against a girl who was 13 years old at LGHS, Bates is required to be psychologically evaluated before receiving probation.

Walsh is opposing Bates receiving probation, which means he would be out of custody and free under certain conditions. Upon sentencing, however, Bates will also have to register as a sex offender for the rest of his life.

When Bates entered his no-contest plea to the crimes on Sept. 9, Judge Pennypacker indicated probation would be granted, but the prosecution has been asking for some prison time for the defendant. Originally, Walsh asked for a six-year incarceration period.

Asked about Bates behavior during the hearing, Walsh said he suffers from Tourette's syndrome. "He was annoyed because he wants to get out as soon as possible," Walsh said.

Representing Bates on Tuesday was another public defender and not McMahon because he's in trial this week.

Several parents of the victims, some crying after the hearing was over, attended the proceedings Tuesday morning.

"The guy is a predator," said one angry father.

Walsh concurred: "We view this defendant as a predator, as someone who was targeting and going after under age girls who were 13 and 14 years of age. We know that because of the victims ... This isn't just a regular underage [sex] case."

Said one mother: "He was stalking them ... They made him not go there [Los Gatos High School].

Bates graduated from LGHS in 2011 and he was first arrested on sexual assault charges related to one girl. He was then later arrested, after being bailed out of jail, on charges of sexually assaulting the other girls.

"He kept doing stuff after being arrested," said one father. "My daughter is 15 now ... she's in intense residential treatment program. She can't get along in the community."

Another one said his child was 14 when Bates sexually assaulted her. "She's in a [counseling] center," the father said, tears welling up in his eyes and his voice breaking.

Another father: "He should be away at least until the girls finish high school."

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