11/18/09

An Idaho Department of Health And Welfare employee is heading to jail, after pleading guilty to one count of battery against his step-daughter.

Idaho Health and Welfare Official Gary Pate sat before District Judge Mick Hodges this morning for his sentencing, after he plead guilty to charges of battery. According to court officials, Pate, 60, inappropriately touched his 19-year-old step daughter.

According to Ada County Prosecutor Kathy Guzman, "At this point, it seems there is an alcohol issue or a psycho-sexual issue going on here, there's obviously something."

Officials say Pate had been drinking, and claims to have no recollection of the event.

Kevin Cassidy, Pate’s defense attorney recounts, "Over the course of the evening, he lost track of what was going on and blacked out."

After hearing both sides of the story, the judge says this case can be considered a tragedy.

Magistrate Judge Mick Hodges said, "In a Greek, Shakespearian, and Biblical sense, this is a tragedy. A horrible thing has happened."

Pate is sentenced to 180 days in jail, with 166 of those days suspended. He also has to pay restitution fees, complete community service, and undergo a drug and alcohol evaluation; and he also is restrained from seeing his step daughter.

Pate is a Vietnam vet, a mental health evaluator, and has a degree in psychology. Judge Hodges says, he should have known better.