A man who got 13 years in prison for tying up and threatening to kill two people in a Smithville home “was engaged in a series of sexual acts” with a friend’s daughter, according to a judge.
In his sentencing decision on Monday, Ontario Court Justice Joseph De Filippis said he “did not see obvious signs of empathy” from defendant Alexander Jason Bates, 46, of Mississauga, during his trial for trying to kill a man and his mother-in-law with an aluminum baseball bat in December, 2018.
Recent court documents told a troubled story between the two “close friends” beginning in 2012, when Alberto Araujo suffered a serious motorcycle accident and was hospitalized.
The defendant offered to help Araujo in his recovery, which included watching over Araujo’s then 14 year-old-daughter.
In September 2012, Araujo called police after he became aware of the relationship via text messages he discovered on his daughter’s mobile phone.
In 2015, police charged Bates with a number of offences related to “sexual acts.” Bates would face additional charges after it was discovered he placed tracking devices on a number of cars owned by the Araujo family.
In 2016, Bates would plead guilty to both sexual interference and criminal harassment, and was sentenced to three years and six months for both.
During that sentencing hearing, Araujo would admit that his family was “terrified” of Bates, and that would eventually force a move from their home in Mississauga to Smithville later that year.
In the early morning hours of December 21, 2018, Bates would catch up with Araujo at his home in Smithville, slashing the tires of his vehicles before retreating to a pick-up truck to wait for Araujo.
Around 9:00 a.m. Araujo began changing a tire on his car when the defendant approached him from behind and threw a coat over his head. Bates then produced an imitation handgun, ordered the victim into the basement his own house and used zip ties to handcuff him.
Using Araujo’s cell phone, Bates called the victims wife, Ms. Cher, and posing as Araujo asked her to come home. Wary that she was not talking to her husband, Cher made her way home with her mother in tow.
Upon arrival, Cher obtained an aluminum baseball bat and entered the home with her mother, eventually discovering her husband on the floor bound and gagged. After a short encounter with Bates, Cher would flee the home and search for help.
Meanwhile, Bates tied up Cher’s mother and began to threaten both Araujo and his mother-in-law.
The victims attempted to escape the scene when Bates turned his back and went upstairs, however, he would eventually confront the victims and hit both with the bat before jumping over a backyard fence to escape.
By that time, Niagara police arrived and shot Bates when he produced his fake handgun and pointed it at officers.
In his sentencing, Justice De Filippis hoped the victims would “overcome the impact” of Bates’ crimes. This after victim impact statements in which Araujo said he suffered a brain aneurysm and had “multiple procedures and surgeries performed.”
Araujo went on to say memories of the incident “haunt me now in my sleep.”
Bates, now a paraplegic, will now spend the next 12 years and two months in a correctional facility minus time served, according to Justice De Filippis.
The defendant also has been ordered not to contact the victims or their family members and is bound by a prohibition order for life.
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