What started as an "awful joke" on his mother earlier this year about murdering someone, cutting up the body and burning it ended with a local felon sentenced to prison Monday for being found in possession of a shotgun.
David Allan Pate, 30, of Royal, who was set to stand trial Jan. 8, pleaded guilty Monday in Garland County Circuit Court to a felony count of possession of a firearm by certain persons and was sentenced to five years in prison and ordered to pay $190 in court costs. An additional felony charge of failure to appear was withdrawn.
According to the probable cause affidavit, on April 6, shortly before 8:30 a.m., Garland County sheriff's deputies were dispatched to the Park Avenue area regarding a possible homicide.
A female caller stated that Pate had told her he had shot someone by the name of "Twinkie" in the face with a shotgun and he was going to cut up the body with a chain saw and then burn it.
The caller gave a description of the vehicle Pate was driving, a white Ford Mustang. After unsuccessful attempts to locate the car, Sgt. Jeremy Simpson was able to track Pate's cellphone with the help of sheriff's Capt. Scotty Dodd and Hot Springs police.
The Mustang was located in the 1000 block of Illinois Street and Pate was found in the driver's seat. Police removed Pate from the vehicle and found a live shotgun round in his pants pocket.
In searching the vehicle, officers found a Remington 12-gauge shotgun in the trunk of the car along with a gas can.
After further investigation, deputies determined no homicide had taken place and that Pate was "just playing an awful joke on his mother," the affidavit states.
Pate had previously pleaded guilty on Jan. 12, 2011, to two felony counts of breaking or entering and was sentenced to three years' probation. On Sept. 26, 2011, he was convicted of a felony count of robbery, committed while he was on probation, and sentenced to 12 years in prison. As a convicted felon, he was prohibited from possessing any firearms.
Pate was taken into custody that day and later released on April 22 on $10,000 bond. He pleaded not guilty to the charge on June 14. He was scheduled for a hearing in circuit court on Aug. 12, but failed to appear so his bond was revoked and a warrant was issued for his arrest. He was arrested on Aug. 23 and had remained in custody since then.
Local on 10/17/2019