Wilsonville Spokesman Online

Tate life sentence could be reduced

Defense contends aggravated murder charge was unjustified

• By: Josh Kulla  
• Published: 2/24/2010 2:08:32 PM
• Last Updated: 2/24/2010 4:00:59 PM

Photo By: File PhotoWendell Tate
The Portland man is appealing his 2009 conviction for the aggravated murder of Ricardo Stokes.

Convicted murderer Wendell Tate’s life sentence may end up being reduced to 25 years, because of a recent court ruling and other legal issues that remain outstanding.

Tate was convicted in June 2009 of aggravated murder, murder and burglary following a six-week trial in which a jury found he entered the Wilsonville home of Ricardo Stokes in April 2007 and beat him death with an unknown type of edged weapon. Stokes had been having an affair with Tate’s wife, with whom he worked, and told those around him before he was killed that he feared for his life.

Upon finding him guilty of all three charges, the jury rejected a possible death penalty for Tate and settled on a sentence of life in prison without the chance at parole for the most serious charge of aggravated murder. He currently is serving that sentence after spending two years in the Clackamas County Jail prior to his trial.

Tate’s attorney’s appealed the conviction, based on a quirk of Oregon law.

It is their contention that Tate did not commit burglary by entering Stokes’ home. Instead, they argued, he entered the victim’s home as part of the murder bid and this should not have been used to bring a charge of aggravated murder against the defendant.

The issue is not a small one; under state law a murder committed during the course of a felony may be upgraded to aggravated murder. The latter can carry a death sentence.

Tate’s defense team brought this argument before Clackamas County Circuit Court Judge Ronald Thom before the trial, but Thom rejected their reasoning and allowed prosecutors to seek the death penalty based on the more serious charge.

In January, however, Thom reversed himself and ruled in Tate’s favor on the same issue, sending the case to the Oregon Court of Appeals. Casting a further shadow over proceedings is the fact the court of appeals currently is handling a very similar case involving murder and burglary.

The court has not yet ruled on that case, which likely will have a substantial impact on Tate’s case depending on the outcome.

Finally, according to media reports, Clackamas County chief deputy district attorney Greg Horner said at a hearing on Feb. 22 that the state plans to appeal Thom’s most recent ruling.

  (log in to rate)