In Memory of Dustin “Rooster” Ferguson
September 22nd, 2011 by Joe BurgessMADD Mock DWI / 4/13/2009
“In memory of Rooster”
Tuesday would have been your twenty second birthday.
It’s hard to believe that you have been gone three years, today.
We miss you everyday but have much comfort knowing “my soul finds rest in GOD alone: my salvation comes from HIM. He alone is my rock and my salvation: He is my fortress, I will never be shaken”.
I am sure that you have had the best birthday celebration ever and I am sure you are dancing around.If I know you: probally trying to teach the angels how to do the “motorcycle” dance that your NENE never mastered!
HAPPY BIRTHDAY, my baby boy!
Love you, forever and always,
Momma
(Based from a comment posted on Dustin’s birthday, Tuesday.)
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Jury Sentences Bates to 16 Years for Fatal Car Crash that Killed 19 Year Old
August 26, 2010
A Drew County jury took approximately 3 hours to determine the sentence for Jennifer Irene Bates, Wednesday afternoon, after one juror who didn’t want to send Bates to prison was replaced. The dismissed juror told MonticelloLive, “That’s not the same lady that was drinking and driving that day,” referring to Bates’ current mental state.
The jury then sentenced her to serve 10 years on the negligent homicide case, and another 6 for the aggravated assault charge.
The charges are to run consecutively, for a total of 16 years, but Bates could be eligible for parole in less than 3 years.
A representative of the Arkansas Dept. of Correction had testified that they could provide care for disabled inmates, as needed.
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Posted August 25, 2010
Jury Finds Bates Guilty of All Charges for Fatal Car Crash that Killed 19 Year Old
Testimony began at 8:30 this morning, and concluded at 8:45 in the guilt portion of the trial of Jennifer Irene Bates, who is charged with negligent homicide (or a possible alternate charge of manslaughter) for the September 22, 2008, death of Dustin “Rooster” Ferguson.
The jury was chosen by noon Tuesday, and the state presented it’s case, except for the blood alcohol witness, who testified this morning.
Tuesday’s witnesses for the state included an employee from Sonic, who testified that less than 10 minutes before she heard sirens responding to the fatal crash that day, she saw Bates drinking vodka and appearing to be intoxicated when she was ordering a soft drink and a corn dog at Sonic. One of the vodka bottles was left at the business, as was presented as evidence.
Four witnesses testified as to the speed of Bates’ vehicle, and that she was driving north, faster than the speed of traffic, in the turning lane, and also in the oncoming southbound lane, prior to the crash.
Testimony was also given by the Arkansas State Trooper that investigated the wreck.
Wednesday, a representative of the Arkansas Dept. of Alcohol Testing testified that Bates’ blood sample was analyzed to be. 0.27, more than three times the legal limit.
Closing arguments began just after 9 o’clock. Then the jury deliberated until 10:15, when they came back with guilty verdicts on all 3 charges, negligent homicide, manslaughter, and aggravated assault.
The aggravated assault charge is for damage and injury to the driver of another vehicle that was also involved, and the accident.
Judge Bynum Gibson removed the charge of manslaughter from the jury’s decision, since it was basically a duplication of the charge of negligent homicide, except without the alcohol stipulation. Also, both charges carry the possible sentence of 3-10 years.
The sentencing part of the trial began next, and included testimony from Dustin Ferguson’s father and sister about how Dustin’s death has affected their lives.
Two family doctors and a neurosurgeon were called to the stand to tell about her health conditions.
A psychiatrist and a psychologist were also called to explain Bates’ mental and cognitive situation.
An LPN from Bates’ nursing home told about her daily activites and limitations. She told the jury that Bates needs help with dressing, bathing, and medication. She was then asked about a signed form that stated that Bates’ understands the facilities smoking policies, and would be allowed to smoke, if she wanted to.
Ms. Bates took the stand, and said that she couldn’t remember that day, but that her family told her about it. She also apologized for the events that occurred that September afternoon.
Bates’ sister testified about her condition, and about her limited activities, adding that Bates has an 85-90 year old roommate.
A psychologist testified that he felt Bates was “faking” during part of her IQ test, and explained his opinion.
During the closing arguments, Prosecutor Frank Spain told the jury, “the defense will tell you that she’s suffered enough, but her condition is a result of her actions,” and that “giving her probation is not the message you want to send.”
Public defender Tim Leonard, assisted in the case by Sandra Bradshaw, suggested that the jury give Bates probation. He told the jury, “I’m not representing the Jennifer Bates that was drinking and driving, but the childlike nursing home resident that is here today.”
Judge Gibson told the court, “the jury may only consider her health conditions if they choose to.”
The prosecution pointed out, in response to Bates and her sister’s desire for her to be able to speak to groups and tell her story, that testimony said that she has no memory of that day, and also that she didn’t have to be sentenced to “tell her story”, and she hasn’t done so yet. Spain added, “All DWI’s are dangerous, and she did that at 2:50 in the afternoon on the most dangerous road in this town.
The jury went into the sentencing phase at 2:05.
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Posted at 4 pm, August 24, 2010
The trial for Jennifer Irene Bates finished its day around 3 pm, Tuesday afternoon, with the state expecting to call their final witness, to testify about blood alcohol content.
The prosecution isn’t expected to call any witnesses in this stage of the trial.
The case will likely be handed over to the jury to determine the guilt or innocence of Bates by 10 am.
The sentencing portion of the trial, if needed, would begin after the verdict comes back from the jury, with victim impact statements from the family members of both sides of the case.
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Posted at 12:30, August 24, 2010
Jury Chosen for Bates Trial for Fatal Car Crash; Opening Argument Begin at 1:30
A 12 person jury, along with 2 alternates has been chosen for the trial of Jennifer Irene Bates, charged with negligent homicide (or a possible alternate charge of manslaughter) for the September 22, 2008, death of Dustin “Rooster” Ferguson. Bates has also been charged with aggravated assault in the alleged alcohol related accident for damage and injury to the driver of another vehicle that was also involved.
MonticelloLive.com will update the case later today.
The trial is expected to last two days.
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Posted Aug. 11, 2010
Bates Trial for Dustin’s Driving Death Set for August 24-25
Jennifer Bates had court hearings on Monday and Tuesday in the Drew County Circuit Court, dealing with motions and issues involved in the September 22, 2008 automobile crash, near Wendy’s and Walmart, which claimed the life of Dustin “Rooster” Ferguson.
Bates’ public defender presented motions dealing with mental evaluations of Bates’ condition after she sustained brain injuries in the wreck, and also a motion to move the trial to another county, due to pre-formed opinions by prospective jurors.
Judge Bynum Gibson ruled on the motions, and set the court date for August 24-25.
Judge Gibson ruled that the court record shows reports from both a psychiatrist and a psychologist at this time, and encouraged the public defender to seek another professional opinion, if they felt the need, as long as it didn’t affect the court date.
Dr. Kim, a licensed state clinical psychologist, testified, Monday, that he felt Bates had the ability to assist in her defense against these charges. Tuesday, an LPN from the nursing home where Bates lives testified to her abilities and daily activities.
Judge Gibson ruled that Bates would be able to assist her defense council in her case, to an appropriate level to allow the case to proceed.
Next the defense presented affidavits from members of the public, stating that they felt there could not be a fair trial in Drew County. A friend of the Bates family testified about comments that she had heard in various places around town.
The editor of the local paper, followed the owner of MonticelloLive, were asked about their news coverage, and if it would likely prevent an impartial jury from being seated.
Judge Gibson ruled that, if both jury panels were called, that there should be at least 12 jurors and an alternate to serve on the case.
A possible plea bargain was discussed , Monday, but the time for plea bargains had passed, due to a June 28 ruling.
Also, the prosecution added manslaughter as a possible alternative charge, for the jury to consider.
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Posted March 2, 2010
Charges Filed Against Driver for Dustin Ferguson’s Death in Sept. 2008 Car Crash
Jennifer Bates, of Star City, the driver of the vehicle that caused the fatal collision on September 22, 2008, that claimed the life of 19 year old Dustin “Rooster” Ferguson, has been charged with negligent homicide and aggravated assault, in Drew County Circuit Court by the prosecuting attorney’s office.
Bates had not been charged previously, because of her medical condion following the wreck.
The charge of negligent homicide includes the words “while intoxicated or with an alcohol concentration of in excess of .08%”.
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In Memory of Dustin Ferguson
Posted Sept. 21, 2009.
This week marks one year since the loss of Dustin “Rooster” Ferguson in an automobile crash on HWY 425 North, near Walmart.
The number of friends and acquaintances that have come to be heard from since Dustin’s untimely death has shown just how much of an impact that his short life has made on so many people.
When MADD presented their annual Mock DWI Accident at MHS, this year’s event was done in memory of Dustin. MonticelloLive video taped the portrayal of what really happens at the scene of an alcohol related, fatality car crash, and it has been viewed over 400 times, click here to see the video.
This special edition of One Monticello Life was written by a relative of Dustin’s shortly after his death, and is tribute to how one young man, living for God, can change the world around him.———————————
What an honor it is for me to be able to write such a tribute to such a fine young man. What sorrow it is for me to sit here and wipe away tears thinking of how much he will be missed. A fine spirit, a big heart, and a love for everyone. Dustin Ferguson.
Dustin, better known as Rooster, was born September 20, 1989 to Ray and Tina Ferguson. Dustin grew up in Monticello and was a graduate of Monticello High School, and a Student at UAM. He was a free spirited guy who loved God, life, and people. Dustin was outgoing, and loved to tell stories, jokes, or just do something out of the ordinary to make people laugh. He loved to smile, and wanted to see others with a smile on their face. You could be having the worst day, and after spending about five minutes with Dustin, you forgot every problem, care or worry you had.
Dustin had many hobbies. He loved to hunt, fish, and spend time with his family and friends. Dustin also had another hobby: his faith, which he shared with countless people. His life was a testimony to the many he came in contact with.
Dustin lived his life to the fullest, never knowing if that day may have been his last. His heart was bigger than anyone I know, and he was always willing to give or to help someone in need, always putting others first. You could see Dustin’s testimony in his love, his giving and in all that he did. It was nothing to see Dustin out at Wal-Mart or a gas station in boxers, his boots and a hat. He made that wardrobe famous! But no matter what he was wearing, or where he was at, you could always count on a kind word and a smile from him.
Dustin built his life on friendship, and would fight giants for his friends or family, even if it meant getting “a little roughed up.” He always had a crowd of people around him, or could attract one very easily. If you ever needed something, Dustin was there instantly to lend a hand, a shoulder to cry on, or just a smile. It is hard to understand why God would take someone so young, who had his whole life in front of him. But we are taught not to question God, that He does all things for a reason.
Dustin believed that.
Even though he isn’t here with us on earth, you can bet that a day won’t pass, that he isn’t watching over every one of us. No one knew what the future held for Dustin, but God did, and He knew that life would be better for him in Heaven. That doesn’t make the pain any easier for any of us, and it will take weeks, months, and maybe years to get over his loss. But he will be with us in our heart, and our memories of him will help each of us get through those difficult days.
Dustin was a giver, and he gave his heart to help others, be an example, and to share his faith. Let’s not let Rooster down. Let’s continue what he did everyday: loving, helping, sharing and smiling. Rest in Peace Dustin, for we will see you real soon. Thank you for being an example to us all, and thank you for being such a great One Monticello Life
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The loss of Dustin Ferguson has received over 175 comments from MonticelloLive readers, more than any story that’s ever been posted.
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The story below posted on September 23, 2008
Tuesday 4 PM Update–Fatality Wreck Near Wendys & Wal-Mart-Monday
The driver of the Chevy Silverado, shown on the left, was reportedly traveling north on HWY 425 North, near Wendy’s and Wal-Mart around 2:45, Monday afternoon, when she pulled into the turning lane, and crossed into oncoming traffic in the inside southbound lane.
Dustin Ferguson, age 19, of Monticello, was traveling south in the Ford Ranger pick-up, shown on the right, when the Silverado struck him head on. According to witnesses, Mr. Ferguson died at the scene.Â
 After the original impact, the Ford struck a third vehicle, which sustained minor damage.Â
The driver of the Chevy, will be listed as being at fault, has been identified as Jennifer Bates, age 29, of Star City. She was ejected from the vehicle as it continued northbound. She has since been transferred to Jefferson Regional Medical Center in Pine Bluff, where as of 6:30 Tuesday morning, she remained in critical condition. As of 4 PM, JRMC had made no notification of a change in her status.
The accident was investigated by Arkansas State Trooper Clayton Moss, with assistance on the scene from the Monticello Police Dept. and Drew County Sheriff’s Dept. The fire and rescue units also responded.
Testing will be done, as with all fatality accidents, to determine if there were any contributing factors to the events that took place.
Following the news of the accident, around 150 youth of our area gathered at Drew Memorial Hospital, and started a prayer vigil. Rev. Jimmy Albrecht and Rev. Ray Hearron, of Second Baptist Church, and Bro William West, youth pastor of Shady Grove Baptist, were also there to minister to those in need.
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I miss Rooster every single day nad after watching the MADD video that they did at the high school touched me in alot of ways!!! Everyone needs to understand that if we get behind the wheel when drinking it only takes that one time for you hurting,killing someone or hurting yourself!! I am a Mother and can’t imagiane the pain Mrs.Tina and Mr.Ray are going thru i’m sure it gets worse every single day gor them but as strong christians i know that god will seek them thru!! They have him in their heart forever!!! They are the sweetest people i know and did a very good job raising a wonderful son and daughter!!!!! The girl that killed dustin should suffer consequenses she got behind the wheel drunk and took the life of a precious young man. I saw the girl the other day in the Salon n she seemed to be fine to me just cusing up a storm so yeah God will take control of this she lived Dustin didn’t!!! alot of people are hurt n angry cause her habit took his life n affected others as well!!!! these stupid bars need to be shut down and no liquor stores anywhere near us no matter if the liquor store is 10min out of town young kids today don’t realize when you get behind the whell ur making bad decision when drinking,high whatever….. our community needs take action and stick together!!!! RIP ROOSTER love n miss you every single day!!!!!!!!!!!!!!!!!!!!!!
BY GOSH, I HOPE THIS WILL GIVE SOME CLOSURE TO THIS TERRIBLE TRAGEDY AS WELL AS A HUGE LOSS FOR THE FAMILIES OF THIS YOUNG MAN.. I’D SURE HATE TO BE IN HER PLACE WHEN SHE HAS TO ANSWER TO GOD FOR ALL OF THIS.. TO DIANNE AND TINA… I KNOW THAT GOD WILL BE WITH YOU DURING THIS TRIAL.. AND I JUST PRAY THAT IT WILL ALL FINALLY BE OVER!!
this is for ashley comment august 13 @ 11:33am.. U couldnt have seen Jennifer Bates in No salon around here because se gets her hair cut at the place she lives at……….
BTW THERE ARE TWO JENNIFER BATES HERE IN MONTICELLO
Yes, she was very wrong for drinking while driving but I disagree with Ashlee, they shouln’t shut down the 2 bars we have or the liquor store because of this. That was her individual choice to DUI.
weather or not jenifer is guilty is not of question , yes she did it. I knew both her and Rooster well, and their familys. and i agree people should pay for things they do. But what good is a big expencive trial that will not bring Rooster back, and just make both of the familys relive the event over again gonna accumplish. im sure the first thing many will say is who cares about her family? let me ask those this…if a member of your family does something beyound your control and acts in a way that you were not raised to act do you think you should be condemed personally for their actions. and a good part of prosacution is not only to punish for the act but to get them off the streets so it dont happen again. No mater what the jury doses to her Jenifer will never be a threat to anyone again, she will never be a nurse again, never have the ability to get behind the wheel never have the ability to live outside of a nurseing home, or be independant in any way. And im sure theres a lot of Bible thumpers out there sayin id hate to be in her shoes when she goes before God for this…Oh Gods gonna make her pay someday. Well theres nothin a judge or jury can do to her that the events of that day didnt take care of. and what God dose to her upon her arivel at his doorstep, is really his buisness, and no one elses. Instead of bein so hell bent on revenge of someone whos body lived and still walks even though what was inside is dead and gone, and will never be back. Think of this if she would have walked away unharmed that day like so many drunk drivers do, she would have done been to trial, sent to prison, let go due to overcrowding, had her licens back, and been back on the road, cuz in the majority of people tried and convicted of acts of this nature are back doin what they were doin in less than 18 mo. Now before yall start passin judgment on me thinkin im just makein excuses for Jenifer and mistakenly thinking im not missin Rooster every day espespecily now with huntin season comein round, not only are you sadly very wrong your also refuseing to see the point im trying to make, that point is, prosacuting Jenifer is like beating a dead horse, she is and never will be a problem or threat to society ever again. Use your anger and fustration over looseing Rooster in a way to benefit all others by ralling together and getting laws changed to stop those who cause these types accidents walk away unharmed, get a slap on the wrist, and are free to do it again. Instead of prison someone like Jenifer would be good as someone that goes into schools and work with MADD, to let kids know just how horible the effects of drinking and driveing can be. I know that if i was still in school and I was introduced to the REAL story of these two people who grew up together, and whose family were friends, and the day Both familys lost theier children but in different ways, and the way it impacted the entire town from a rescue worker that worked the seen of two kids he had known since theier birth, and had taken them both hunting because they all belonged to the same camp all the way to the people just spoutin off because they want to be apart of a sad situation they know nothin about and all the affects in between, could very well stop someone from drinkin entirely, let alone drinkin and driveing.
This is a victory. Drive under the influence and suffer the consequences. It is your decision whether to get behind the wheel while drinking or under the influence of drugs. Even if you do not think you are affected, you are. Be responsible, don’t drive even if you have had only one drink.
I’m having a hard time following the time line here. What is the definition of the “guilt portion of the trial”?
Explanation: There are 2 parts to criminal jury trials. First is the “guilt or innocense” trial, which results in a “guilty” or “not guilty” verdict.
If the jury finds the person guilty, then they are sent back to determine the sentence that will be applied.
For those of you who think Jennifer needs to go to prison, I have one question: What is the maximum sentence she could possibly get for vehicular manslaughter? The reality is that regardless of how much time she could spend in prison she is going to be locked up for the rest of her life. She has lost everything – her freedom, her friends, and any chance of a life outside a nursing home. I don’t know about you, but that’s not a life I would want to live.
Instead of all this arguing and being hateful, we should be supporting these families. Both sides have lost more than we could possibly ever understand. My heart goes out to them everyday and I pray that they don’t have to hear the things that people say around town. Monticello is home, and I love it here, but people should really be more considerate of others. The people hurt by your words are not the ones you want to hurt.
I really don’t agree with putting a handicaped person in prison for 16 years. Yes she is responsible for the death of a innocent wonderful young man, my son was friends with and thought highly of. But she was brain damaged during this accident and loss her life as she knows it. I’m not saying she should get off scott free, but what good is sending someone with this mental capacity to prison? Yes they testified that the ADC is capable of caring for a handicaped person. Who foots this bill? The taxpayers do. She was living in a nursing home as it is. She is not living the life she did before this horrible thing happened. So what justice is it to put someone like this in prison? Her family has suffered as well as the other family. I don’t see any compassion for them. They are not responsible for her actions but they love her anyway. Just as we all do our children. Gods Word is forgiveness.
I, as well, am praying for both families because there have been losses in both. However, to “A Friend” and “Knows Both”, if we didn’t spend the money on big expensive trials on everyone who commits a crime because it wouldn’t bring the victim back or whatever the case may be, what kind of world would we be living in. Every person who drinks and drives and kills someone probably is a different person after the event. But if we let them off because it wouldn’t bring back the dead, there would be no consequences for their actions. I have a sensitive heart… and I feel for both sides. If it were my family member that was killed, I would want the drunk driver to serve time for their actions. If it were my family member that was drinking and driving, I wouldn’t want them to have to go to prison. But we all make our own decisions and have to face the consequences for our actions.
How a person views that situation would depend on which foot the shoe is on.
Wondering why the juror was dismissed. Could we have a
public report on that?
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When potential jury members were being questioned about their prior opinions and beliefs (this is referred to as “voir dire”), all selected jurors agreed to “consider the full range of the possible sentence”. This would include the minimum, as well as the maximum sentence. This doesn’t require them to agree with any particular sentence, but to be willing to at least consider other possible sentences.
Reportedly the dismissed juror wa not willing to even discuss prison as an option, because of Bates’ current condition.
Joe Burgess
yes she was driveing drunk and yes she paid the price…twice both familys lossed children that day. it was a tradgity like no other i know both familys in this case. And if anyboby thinks either famy has felt a victory since that 08 accident in any way then you dont know jenifers or roosters family well enough to have an opinion about it either way and about 98 percent of the cocky people mouthin off are just as quilty about diveing impaird and do it several times a day….think about that the next time your cell phone rings or your texting while driveing, thats against the law too, and if your doing it and cause an accident of this magnitude your just as guility a person is just as dead and you could be just like jenifer is now, all by doing something YOU made the choice to do knowing what could happen and doining it anyway. And when they drag you or your loved one out of a nurseing home and do this to you or them even though you or they have been left with the mind of a child who has no chance of ever doing the crime again, i hope yall get the same jury.
Some of you are really missing the point. If you drive drunk or under the influence of drugs you can hurt, maim or kill other innocent people. What she did was and is wrong. She needs to suffer the consequences of her actions for the rest of her life. She killed an innocent boy. She was and is responsible for her actions and I will not excuse her because she was hurt in the process. When you commit a crime prepare to do the time. It really is just that simple.
This is an example of small-town politics at its finest.
Jennifer Bates is a prisoner in her own mind. If Jen was the same now as she was before the accident, I would be 100% in favor of her going to jail. I have ZERO tolerance for drunk driving. But that is not the case here. What purpose will 16 years in jail serve to someone who doesn’t understand the levity of their crimes?
Not only was the accident tragic, but so too is the revelation that the “Christian” population of our small time is comprised of so many self-righteous pseudo-Christians who try to talk the talk, but never even give a thought to walking the walk. All these comments raging that God will punish Jennifer Bates? I don’t know who you people serve, but MY God is just and fair, and he erases the pasts of his people who repent.
As the survivor of a young man who was taken far too early by a drunk driver, I know where the hurt is coming from. Nonetheless, I chide you fellow Christians who are so elated because this childlike woman is being sent to prison. What you should be doing is praying for BOTH families affected by the accident and praying that the rift this situation has caused can be mended.
This is in reply to Nan Carter’s comment of Aug. 13. I’m not trying to diminish the tragedy for the Ferguson family in anyway.
But I do want to say that it was a tragedy for all involved — including the Bates family. You said you would hate to be her when she faces God for what she did. She can be forgiven by God. As the Christian young man he was, I am sure that is what Dustin would want.
As human beings, we sometime make terrible mistakes that have awful consequences. This will affect BOTH families forever.
Just remember that Jennifer could be one of your or my family members.
To everyone:
I truly am sorry that my sister committed this horrible act. I truly am sorry for the pain and suffering that the Ferguson family are going thru. Nothing can bring Rooster back. I remeber very well playing with him at the deer camp during hunting season. I have never denied Jennifer’s guiltiness in this situation and my concern is not in that part of this. My twin sister, best friend and a part of my heart also died that day not physically but mentally.. You see is not the same person and I understand that you don’t care. But so of us do. She will always live in a facilty and never drive again. You see my concern for her going to prison was not that I did not want her punished but that I fear for her safety!! Imagine a 4-7 year old behind bars with people who could easily abuse her, manipulate, and take advantgae of her.. Now imagine how I can possibly fall asleep at nite with that fear.. She has become like my other child now and I worry about her the same way I do my other children, yet now I can not protect her and they can not see her. I hope that maybe this has enlighted some of you all”s veiw on how we her family feel.. We lost her once, and have learn to love and accept who we were left with and now we have lost her again.. The Ferguson are not the only ones that have lost a child, my father has too. I understand if hateful, mean things that you need to say about this comment. You have a right to your opinions. As do I. But I sincerely as that for the both families that ya”ll could please just use alittle compassion and respect.
I feel, compassion, hurt, sadness, and sadness for both families. I hope that both families will get thru this. I agree with Jennifer’s sister. Stop with the hateful comments. They read this just as well as you do. But there was worse comments when the 16 yrs old was murdered. I recall ppl calling him a thug and such but showed compassion for a child molestor but it was ok because he was “in the church” Monticello is full of hypocrisy.
I join my voice with Jana. Please show some respect for both families. The Bates family and Jennifer have been in our prayers since Dustins death.
To “unsure”-
Yes the taxpayers will foot the bill of her being in prison but we wouldve also foot the bill of the nursing home. I’m sure we’ve been footing the bill already with her staying there and her medical bills. We will also foot the bill when she leaves prison and goes back. We will foot her bill as long as she lives because of the mistake she made.
This case would give Soloman pause. One family is sentenced to life without its son and another to life without its girl as they knew her. There’s more than one type of death. And all so preventable…tragedy in both households.
A juror was released for disagreeing?
Am I reading that wrong…so it wasnt a FAIR trial,it was only if you agreed with putting her in prison,that you could be a juror?
Do the parents of Rooster agree with this decision?Does this small town even care what the parents think?
She will be in the regular prison population?
Perhaps someone can explain why this trail was necessary. How much did this trial cost the taxpayers in this county? To what end…to move Jennifer Bates from a tax supported nursing home to a tax supported jail. It would appear the county prosecutor does not have enough to do. If he was seeking justice, I fail to see that end was achieved here.
Are we missing the point here? She knowingly drank and drove and in the process killed an innocent young man. It could have been your child or mine on that particular day. I truly am sorry that she was injured, however there was no excuse for her actions. I do go to church but you cannot blame or fault Christians for wanting punishment for a crime committed against a fantastic young man! Maybe this will deter other individuals from drinking and driving!
I completely agree with justlovinlife. The way Jennifer is now is BECAUSE of what SHE did to herself! She killed Rooster and herself that day. That was s choice she made on her own. She knowingly, willingly, and stupidly drove that day. She was smart enough to know better but did it anyway. She’s not as bad off as everyone believes her to be. It’s sad for both families, but I can’d feel pity for someone who did this to themselves or for their family. What she did, in my opinion, is the same as committing suicide. It was a completely selfish act on her part in which she didn’t think of anyone or anything but herself. She was too busy worried about taking that next drink than she was about the possibility of hurting someone else. It really is too bad she “supposedly” isnt in the right mental state, I would much rather her suffer and face prison knowing 100% what she did, and I’m not convinced she isn’t a lot closer to that sane capacity than we are led to believe. I think the sentence: “A psychologist testified that he felt Bates was “faking” during part of her IQ test, and explained his opinion.” says a lot.
I have had the opportunity to become very close in the life of a young lady who was brain injured at the young age of 5, while she is now 18 her mental capacity is still that of a young child. For those of you who obviously have never had any dealings with someone with a brain injury, I ask that you look into doing some research on brain injuries and how they affect the lives of the subject as well as the subjects family and friends. Maybe you should volunteer some time and visit a brain injured client at a facility, so you can see for yourself the fence they live inside of daily! Maybe then you will see that prison is just a place, that truely Jennifer has been behind her own bars for 2 years now.
For the commenter that claimed that Jennifer was seen in a salon cussing, it’s pretty obvious that you have no knowledge of brain injuries and the affect they have on a person. Many brain injured patients do have issues with cursing. The one I have contact with curses, for no reason at all, it is not because she was raised by a family of people cussing, or because she thinks it is cute, it is due the injuries and conditions of the brain. I have also spent time in facilities that work strickly with brain injured clients and yes, cursing is an issue at hand with a large percentage of the clients.
I might also add that aggression is an issue that is a major factor to consider when dealing with a brain injured client. I have first hand dealt with brain injured clients that would for what you would see as no reason at all have aggression, to the point of tearing things up, hitting people, etc…so really have our prison employees actually been trained to deal with a brain injured person? I would have to ask for documented proof of such training to be available when this case goes before appeal courts.
To both families, you have all lost a loved one, and I can promise you to the family of the young man who now looks down through the holes in the floor of Heaven, he is in a better place, than Jennifer has been at a nursing facility or that she will be when she is within custody of ADC. I say that because as a Christain, God’s word tells of of Heaven, and its greatness, and I have had the opportunity to walk into the nursing center as well I have walked behind those bars within ADC, and I can tell you the promises of Heaven are the highest on my list!
To anyone who sat in that court room during this trial with hopes and prayers that this young woman serve prison sentence, and then rush around telling of your Christainity, and how God will Judge Jennifer. Please Pray!!!!
When dealing with Jennifer we are not dealing with someone that knows and understands her mistakes, at this point she will never again know and understand her mistakes.
By the way when you take the time to volunteer/visit a facility for brain injured you may also consider signing up for volunteering at a local prison.
Ok, I keep reading “ARE WE MISSING THE POINT”…. I don’t think anyone has missed the point. All are in agreement that Jennifer did wrong on that day…. She was drinking and driving and it ended in the most tragic way. A young man lost is life. So did Jennifer. You see, even if they had found her not guilty, she would still serve out her “sentence” for the rest of her life. 16 year in prison WILL NOT change the sentence that Jennifer has truely been served. Nothing will change that. My prayers are with both familes.
She was made an example of.
That’s what I thought.
i think all trash talk about the victim, and his family i say his fanily due to the fact what is said about him no longer affects him but is a knife in his familys heart. and Jenifer and her family needs to stop, everybody has done something in there past that they are not proud of, and the ones who have been lucky enough not to get caught at it keep in mind someday your luck could run out. both of these familys have suffered great losses, Roosters folks lost theier child, Rooster lost his life , they live with it every day. Jenifer lost life as she knew it, and even if you dont care about that, her family has suffered a loss also, and are left with the quilt and shame of what a loved one done that they had no controll of. instead of ridicule offer prayers, have some decentcy, and if you cant say anything nice SHUT UP!!
i am praying for BOTH familys.
The juror was released during the penalty phase because she was arguing a point of law that had already been decided. The defendant had already been ruled, by law, competent to stand trial. This same juror had already voted her guilty, but at the penalty phase began to argue that she was incompetent, ergo she shouldn’t be punished. If she’s comptent to stand trial, competent to testify and competent to be judged guilty, the jury can’t go back and say “No punishment because she’s incompetent.” If she were incompetent, she wouldn’t have been on trial in the first place. Different from what she was, maybe. Permanently disabled, perhaps…but not necessarily incompetent. Had the defendant taken a loaded gun, got stinking drunk and shot into a crowd of innocent people, killing one, injuring another, then shooting herself, leaving herself disabled, we probably wouldn’t be having all this debate. She chose to kill somebody and failed to kill herself with this gun, she must pay. The vehicle Ms.Bates was driving was shooting into rush hour traffic with people dodging for their lives. She was not a stupid kid…she was a 29 year old grown woman who chose to sit at a public place and work on downing 2 bottles of vodka; then chose to fire a deadly weapon into traffic until she found a victim who couldn’t dodge the speeding bullet. There was no one there to protect him, to see to it that no one hurt him, that no one took advantage of him. Dustin had no trial, he had no lawyer, he had no choice nor did his family have a chance to plead on his behalf. The only choice they had was to choose what to bury him in. Ms. Bates lived a normal life 10 years longer than she allowed Dustin to live.
Ms. Bates’s family has been visiting her in the nursing home, watching her progress and get better. They will go visit her and use their input and influence to see that she is not abused or mistreated. Dustin’s parents don’t have that option..they have no way to appeal. Ms. Bates’s sister and father can lash out at the jury, the victim’s family and the prosecuting attorney and throw fits all over the courtroom, but the fact is…their loved one acted as judge, prosecutor and jury, giving that fine young boy the death penalty, serving as his executioner on a drunken whim.
Of course Ms. Bates’s family is hurting, but throwing a fool fit at the jury and family of the victim because they didn’t like the verdict was inexcusable. No, Dustin’s folks aren’t happy. No parents of a child who has been violently killed is ever truly happy again. Both families have no choice but to live with the consequences of Ms. Bates’s alcoholic binge.
No juror was dismissed for disagreeing with anything. A Juror was dismissed in the sentencing phase because she was trying to determine if the Defendant was competent, and that was established a month before trial. Maybe people should not comment on this unless they were sitting in the courtroom and witnessed the events. And to OY VAY, yes, the parents of Rooster feel terrible, but they weren’t the ones who prosecuted her. The State entered this case based on her breaking the law. And yes, rather you care what the parents have to say or not, they have earned a right to speak whatever because their son is dead over this tragedy. She is not in a regular prison, she is in a rehab unit for people who need assistance. They didn’t send her up the river to Cummins. Get real. The bottom line of this whole case is that an individual broke the laws of this State, and had to be Prosecuted. That is it. The jury found her guilty, and then sentenced her. I am really sick of reading everyones crap on here, so why don’t you show all families involved some respect and keep your traps shut about it unless you were there through the process and through the court.
Oh and just to clear this up…I never said I dont care what Roosters parents have to say,I do.
She is indeed going to prison,I know this for fact…not a rehab facility.
I respect and pray, for both families.
CAN WE ALL GET ALONG !!!!!!!
WHEN WE MAKING COMMENTS ON LINE !!!
I’M JUST GLAD THAT IT’S FINALLY OVER AND THIS CAN BE PUT BEHIND EVERYBODY THAT WAS INVOLVED. AS FOR BEING ONE OF MY FAMILY MEMBERS AS STATED BY SKW ON HERE.. I DID LOSE MY PARENTS IN A FATAL AUTO ACCIDENT! THEY WERE BOTH KILLED BY A MAN DRIVING AN 18-WHEELER WHILE HE WAS UNDER THE INFLUENCE OF ALCOHOL!! THAT WAS 28 YEARS AGO AND I STILL..TO THIS DAY.. MISS THEM!! SO..I DO KNOW WHAT IT FEELS LIKE TO LOSE A FAMILY MEMBER IN THAT MANNER..DO YOU?!
Concerned Says, I quote you, “She is not in a regular prison, she is in a rehab unit for people who need assistance. They didn’t send her up the river to Cummins. Get real.”
If you do not think that Newport Complex, McPherson Unit, is not a “regular Prison”, you carry your concerned self right on up there. The staff that are assigned to work up the river at Cummins, and those who work at this other “regular” prison are all trained at the same facility.
Just a few observations…
1. Unless you were in the court during the trial, have spent time with Ms. Bates, AND talked directly to both families, everything you think you know is actually hearsay.
2. You heard the opinion of one psychiatrist, working for the state. Whether he was correct in his findings or not is not for me to say, but perhaps before we form our opinions we should hear what all the other doctors who examined her had to say. If we don’t have that oppurtunity, we are just basing our conclusions on the word of one man, however skilled he may be.
3. Are jurors not allowed to consider the current state of the guilty in determining the sentence? Is that not why impact statements are made before sentencing? Maybe I am wrong…and after all, only the actual jurors know for sure what was said.
4. It is my opinion that no man, woman, or child is or has ever been totally impartial. It goes against our nature to do so and our bonds & past experiences play too great a role. Just a thought.
Please pray for all the families involved. I promise you they did not ask to be put in this situation. I am very much against drinking and driving but all we can do know is pray these two families will find peace in gods words.
to the juror that said this isnt the same person that was drinking and driving that day, thats right…because she was drinking and driving that day. when rooster died, it didnt just devastate a family, it devasted an entire community. she made a choice. rooster didnt get a choice.
This has to end.. No of this makes the situation better for anyone. Miss Bates family was obiviously upset for the fact now they have no control over how she will be treated and noone to call to check and see if she is okay.. And maybe it has something to do with the fact that when miss bates arrives at that prison noone will care that she is childlike. This is hard on both families fortunely Jennifer and dustin neither will ever no what is going on.
Nothing about those girls life has been’normal’ anyone who truly knows them is aware of that. Dustin is gone and that was Jennifer’s fault not Jana’s. She is doing what any good sister would do and that is stand up for her sister and hold her hand when no one else wants to. She is not ashamed of Jennifer or what Jennifer did, she talks to people all the time about the bad choice that Jennifer made. She has had to be a parent to her twin and her own three children. And try to shield those children from all of these comments. And articles. Because she wants them to remember the good things about Jennifer and not the bad decision she made. Nothing will ever bring either Jennifer or Dustin back. And nothing will ever bring either families peace. Please just let them be and end all of this.
Thank you “Nana” and “concerned” for the facts that seem to have been overlooked! I wasn’t there so you have clarified what most of us did not know.
you folks should be ashamed of your selves i know both of the familys well im best friends with jennifers bother i hunted with roster since we were about six what you people are puttin on here isnt hurting yall but it is hurting them what she did was wrong but it is about time to let it die theres nothin yall say can help it will only hurt and if you dont think its only hurting the bates your wrong it hurts every body to even think about it so let it go
I HIGHLY ENCOURAGE ANYONE- BEFORE POSTING A COMMENT -TO READ NANA’S COMMENT!
It is as close as anyone who was in that court room during this case would be able to write OBJECTIVELY.
I dont know what gives you people the right to judge others. There’s a few, maybe alot of you that have drove while drinking or other things.Maybe you drive to fast when you know you shouldn’t. What I’m saying, Nobody is perfect and if you think you are, you need to look in the mirror again and judge yourself. “ONLY GOD CAN JUDGE ME.” You people have no right judge anybody. My prayers go out to all the family members. To all you readers this girl didnt plan to do this and all these people are good people and they have suffered enough.
Blade, it is good to know that we can disassemble the court system, since only God has the right to judge us. Since there is no juror or community member who hasn’t made a mistake,we must wait for the afterlife for our punishment. We have no further need for man-made laws in this life. Open wide the prison doors and wait for God to handle it all later down the line.
Nobody has said that this woman–not “girl”, planned to kill anybody. Society has said that when you are that foolish, 3 times the legal limit, still chugging it down, unable to control your vehicle, and kill somebody in the process, you are responsible for that death. This was no “accident” in its most pure form. It was a deliberate act, taking a period of several hours of deliberate drinking before that deliberate act culminated in a death. Had she stayed at home and drank herself comatose, the public would never have become involved. She took herself into the public, and to say the public should have no opinion on her public actions makes no sense. I also take exception to the fact that a lot of the public has driven when they’re three times the legal limit. And I can pretty well bet that when they go to Sonic to get a corn dog on a busy afternoon, not “a lot” of people will be chugging two bottles of vodka and high speed it through traffic, playing a game of deadly hit and miss. The other public should have the right to decide if they want to be in a demolition derby when they’re driving along, minding their own business, making normal driving mistakes.
Yes, we ALL make driving errors, no one is perfect. But this behavior was beyond the pale, a deliberate threat to the safety of the public. The justice system is representative of the public, public safety and public justice. The family of the perpetrator should not be held liable for her behavior, however they should not be angry at the victim’s family and at the jury when justice is meted out. They’re not responsible for HER actions, but they are responsible for their OWN behavior and control in public. Dignity and decorum is a trait that brings respect and sympathy.
I also agree that the families have suffered enough. Unfortunately, it doesn’t work that way. There will never be an
end to the suffering on both sides. Each family has been given a life sentence. However, in less than three years the perpetrator’s family will be reunited with their loved one, albeit changed by her own actions. In the interim, they can visit her. At the end of three years, Dustin’s family will still be awaiting their reunion, not in this life, but the next one. All so sad, all so unneccesary.
When u drank and drive u have to pay the price. She my not of want this to happen. But she wanted drink and drive. So she gets to pay. So don’t go crying about it now. If ur going to cry about any thing. U all need to cry about the young man that is no longer here with us.
To “Thoughts,” I am very well aware of the suffering of Rooster”s friends and family. Some one I loved was killed by a drunk driver once, too. I live every day knowing he was killed by a man who was breaking PAROLE by drinking and driving. Unfortunately, my friend didn’t rate a trial or newspaper coverage or 247 comments. He was buried quietly by the people who loved him and the rest of you never even notice he was gone. The man who killed him never learned his lesson. Every Friday and Saturday night I’m sure he still goes on his binges and then drives home where ever that may be now. I just find it dispicable that Jennifer gets 16 years while so many others get NOTHING! She will be in a prison of her own making for her entire life while others live happily ever after. This town has picked one person to serve as an example and it has been heard loud and clear by all who read these comments. Unfortunately, most of the people who drive drunk don’t take the time to read Monticello Live first!
Just annouced on kxsa new.. Mcphearson women unit ranked number 9 in the nation on sexual assualt on the inmates and this is were the state of arkansas sent this hanicap women who can not defend herself
“Friend”…my sympathies on the loss of your loved one by a drunk driver. I believe that anyone who kills another while drinking and driving should be prosecuted to the fullest extent of the law. Until the public rises up and voices outrage at EVERY death and injury by drunk drivers, we are all menaced on the road by these loose cannons. We have no way of protecting ourselves from these people who thumb their noses at the law and risk OUR lives with THEIR stupidity.
If they want to drink and drive, let them get in an open field somewhere, put the pedal to the metal and drive into any tree they want to, maim or kill themselves to their hearts content. But when they take it into the public, they are menacing and killing innocent people and should be prosecuted as severely as someone menacing the public with a gun.
I am sick of the mayhem on the highways that drunk drivers cause. There’s no sense in it, there’s no excuse for it and everyone who does it knows it’s illegal and dangerous. It’s time that prosecutors and the court system call it what it is–murder by vehicle. Until the justice system treats EVERY case as seriously as murder by a gun, it’s not going to sink in that, if you’re drinking, keep your weapon off the highways.