Nov. 19--An Idaho Department of Health and Welfare clinician was sent to jail for two weeks on Wednesday for misdemeanor battery against his stepchild.

Gary R. Pate, 60, was accused of inappropriately touching the 19-year-old woman on May 14, at his home after a party. He told police he had no recollection of the night and was intoxicated, according to court records.

According to his lawyer, Kevin Cassidy, Pate has been involved in many mental health commitment proceedings as a designated examiner in the 5th Judicial District, which serves eight counties in the Magic Valley and Wood River Valley areas.

Pate, who has a master's degree in psychology, gave an Alford plea in the case. An Alford plea is not a guilty plea, but an acknowledgement there is enough evidence to convict the defendant of the criminal charge. Pate was placed Wednesday on two years of probation with a fine of $500, along with 180 days of jail time, 166 of which were suspended.

At Pate's sentencing hearing Monday, the victim quivered and cried and said the event injured her relationship with her family and has fueled eating disorders. "My mother has decided to side with Gary," said Pate's stepdaughter, who is not being named because the Times-News does not identify victims of abuse.

The victim told Judge Mick Hodges, from Cassia County that Pate "sexually entrapped" her in a premeditated incident.

Hodges ordered the hard time for Pate along with a review hearing in 45 days.

"I feel bad about what's happened," said Hodges. "I'm sure you feel terrible ... You have to, look where you're sitting."

Pate was still employed Wednesday with the state despite his jail time, confirmed Emily Simnitt, spokeswoman for the Idaho Department of Health and Welfare. Pate was hired in October 2006 and is a clinician who is designated by Health and Welfare as a medical examiner to diagnose and treat mental illness.

Hodges said Pate could do his jail time on the weekends, but Pate told the court he wanted to do it all immediately. "I have some vacation time, I would just as soon get it over with," he said in court.

Pate was issued a counseling license in 2006 from the Idaho State Board of Professional Counselors and Marriage and Family Therapy, which remains current and expires in May 2010, according to the state licensing board. The board doesn't list any disciplinary action against Pate in online public records.

After handing down the sentence, Hodges told the court that Pate will need to self-report to his licensing board. He also issued a no-contact order between Pate and victim.

Hodges became the judge on Pate's case after others based in Twin Falls disqualified themselves from involvement. A prosecutor from Ada County, Cathy Guzman, handled the case for local authorities.

Pate underwent his own mental health evaluation before he was sentenced Wednesday, which has been sealed by the court.

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