Colorado City polygamist gets prison term
 
By Jim Seckler
Mohave Daily News
 
KINGMAN - A Colorado City polygamist was sentenced to prison while his codefendant agreed to a plea agreement Monday in Mohave County Superior Court.

David Romaine Bateman, 49, was convicted in October with sexual conduct with a minor and conspiracy to commit sexual conduct with a minor.

Bateman, a member of a polygamist sect in Colorado City, was convicted of having sexual relations with a 17-year-old girl in late 2001 or early 2002. The girl then gave birth to his child.

Bateman's attorney Bruce Griffen told of his client's upstanding character and background, of participating in a search and rescue unit and becoming a teacher after getting a college degree. Bateman also had no criminal history.

"He's a citizen's citizen and a stellar role model in his community," Griffen said.

In asking for probation, Griffen also said his client was put into a difficult position by his faith and his religion.

The victim, now 22 years old, also spoke in court saying it was her choice to marry Bateman.

"The state of Arizona has tried to make a victim of me," she said. "I've been married to a loving husband named David Bateman. I am not a victim. I have not been brain washed."

Mohave County Attorney Matt Smith said, up until Monday's sentencing, the victim had avoided Smith's attempt to locate her or to talk to her.

"You can't look at this case in this way," Smith said. "You have to look back when she was 17. She was not prepared to make decisions at that age."

Smith said other young victims said they had no choice and spoke of a tremendous pressure to be subservient to the church. They are taught at a young age to obey their husbands or face expulsion or being shunned.

The prosecutor said Bateman or anyone in Colorado City never acknowledge they did anything wrong. Despite the community's belief that his office is persecuting the polygamist lifestyle, the case was not about polygamy or the church's prophet, Warren Jeffs, but about the law to protect young women under age 18.

Smith asked Judge James Chavez to send a message that would be the first steps in changing the behavior of the residents of Colorado City. The prosecutor admitted that there were no aggravating factors that could lead to a harsher sentence.

Chavez, in ruling that Bateman is college-educated, a law abiding family man, sentenced him to nine months in state prison for both charges. Bateman must also register as a sex offender. Chavez could have sentenced Bateman to up to two years in prison for each charge.

During Bateman's trial, Smith argued the girl was 17 years old when Bateman, who was 44 at the time, had sexual relations with her. She gave birth to a boy on Aug. 22, 2002 when she was barely 18.

Smith's main evidence was the birth certificate that showed the infant's birth date, the victim's age and Colorado City address and that the father is Bateman.

The baby was born at a birthing center in Hildale, Utah a sister city to Colorado City but the sexual relations reportedly took place at the Arizona residence. Bateman's legal wife or the victim did not testify in court.

Griffen, who also represents seven other codefendants, had argued that there was no evidence where the sexual relations took place.

Bateman's codefendant, Vergel Bryce Jessop, 47, was also in court Monday before Judge Steven Conn where he pleaded no contest to an undesignated charge of child abuse.

Jessop had been charged with sexual conduct with a minor and conspiracy to commit sexual conduct with a minor.

Under the plea agreement, Jessop will be sentenced Jan. 16 to probation for three years with no additional jail time. If he completes his probation, the felony charge will be designated as a misdemeanor. Conn will also decide if Jessop must register as a sex offender.

Bateman and Jessop's codefendants include Dale Evans Barlow, whose jury trial has not been rescheduled. Barlow, 48, is charged with one count of sexual conduct with a minor and one count of conspiracy to commit sexual conduct with a minor.

Randolph Barlow's bench trial is set for Jan. 3. Barlow, 33, is charged with two counts of sexual conduct with a minor.

Rodney Holm, 40, a former Colorado City police officer, is charged with three counts of sexual conduct with a minor. His trial is set for Jan. 17.

Charges against Terry Darger Barlow were recently dropped. Barlow, 25, was charged with one count of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor.

Bateman is the first defendant to be sentenced to prison. Kelly Fischer, 39, was tried and convicted of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor but he was sentenced to 45 days in county jail and probation.

In September, a Mohave County jury acquitted Donald Robert Barlow, 48, of one count of sexual conduct with a minor.

Jeffs currently faces rape charges in Utah. He is also charged in Mohave County with five counts of sexual conduct with a minor and two counts of conspiracy to commit sexual conduct with a minor.
 
MohaveDailyNews.com
Originally published Monday, December 18, 2006
 
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