Judge denies motion to reduce bond in Austintown bar shooting case

Staff report

YOUNGSTOWN

A judge refused to reduce bail for a man accused of firing a gun at his ex-wife in a crowded bar.

Richard Bates, 69, of Youngstown faces charges of attempted murder, felonious assault and illegal possession of a firearm in a liquor permit premises.

Judge Anthony M. D’Apolito overruled a motion to reduce Bates’ bond from $250,000 to $100,000.

Prosecutors said the victim would fear for her safety if Bates obtains release.

The charges stem from a September incident in which he is accused of firing a gun at his ex-wife in an Austintown bar.

The bartender told police he missed the woman by inches and missed the bartender by feet.

Surveillance footage and several witnesses confirm the story, prosecutors said.

In arguing for the bond reduction, Bates’ attorney said no one was harmed.

Judge D’Apolito said he understood the victim’s concerns and added that the situation could have been worse.

“Either by the grace of God or because he’s a bad shot ... we are lucky,” the judge said. “I’m not going to take another chance.”

Bates faces up to 17 years in prison if found guilty.

He refused an offer in which prosecutors would have recommended a 10-year prison sentence if Bates pleaded guilty to attempted murder.

Judge D’Apolito suggested he may impose a harsher sentence even if Bates entered a plea.

“Even if the state recommends 10, I may not follow that,” Judge D’Apolito said. “I’m not sure I can give you just 10.”

Bates’ trial is scheduled for Dec. 11.