No jail time for homeowner
Loic Rogers, 3, drowned in septic tank in January at home owned by Tommie Cates
Tommie Cates, owner of the Evergreen home where 3-year-old Loic Rogers drowned in a septic tank after he went missing in January, was sentenced to a one-year deferred jail term and fined $500 Wednesday in Flathead County Justice Court.
Cates was sentenced immediately after pleading no contest to one count of misdemeanor negligent endangerment for her role in Loic's death.
Prosecutors recommended the deferred sentence after discussing possible penalties with Loic's father and investigating officers, said County Attorney Ed Corrigan, adding that he too believes the sentence is appropriate.
Loic's mother's side of the family, however, wanted stiffer punishment.
"That one minute of your time could have saved my family and I a lifetime of heartache," said Loic's mother, Ariel Rogers, in reference to the time it would have taken to get the septic tank fixed. "It could have saved my son's life."
"He drown in your filth, and you'll never be able to wash your hands of it," she told the court.
Initially scheduled for Sept. 26, the sentencing was continued to Wednesday after Cates failed to appear for the original hearing. Cates' attorney said he - and by extension Cates - didn't receive notice of the hearing, according to prosecutors.
A paperwork error at Cates' attorney's office may have been responsible for the mixup, prosecutors said.
Loic's body was found in Cates' septic tank on the night of Jan. 26 after an extensive three-day search.
Cates had hosted Mark Rogers and his three children, including Loic, at her Maple Drive home early in the evening on Jan. 24. As Rogers was getting his children in the family van to leave at about 6:30 p.m., Loic disappeared.
Rogers told police he told Loic to get into the van, then returned to the house for another child.
When Rogers returned outside minutes later, Loic was gone. After searching for 20 minutes, Rogers called authorities and notified his estranged wife, Ariel, that Loic was missing. Dispatch recorded his call at 7:08 p.m.
After the initial search through the night of Jan. 24, more than 200 volunteers turned out Jan. 25 to look for the toddler, and nearly 100 showed up Jan. 26.
Members of numerous national public safety agencies, including the FBI, the U.S. Secret Service, A Child is Missing, the National Center for Missing and Exploited Children, Immigration Customs Enforcement and U.S. Border Patrol also joined the search.
After determining the child was not outside a certain search perimeter, law enforcement began a criminal investigation that included a more thorough examination of the home where Loic disappeared.
During that search, Loic's body was found in the septic tank. He was 10 feet from where his father parked the van.
The riser on the septic tank had been damaged about a month earlier after a vehicle backed into it, making it impossible to bolt the lid in place.
County prosecutors said Cates had made an attempt to fix the lid, but it apparently was not secured that night. Loic slipped in, and the lid apparently fell back into place over the top of the riser.
Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com