In 2010, Hogate was charged with three felony counts of 3rd-degree criminal sexual conduct of a mentally impaired or helpless person, and one felony count of depriving another of custodial or parental rights. The charges were brought against Hogate after the 16-year-old “mentally impaired” victim’s mother found suggestive text messages on her son’s phone. The victim said that he and Hogate would have sex a couple of times a week, either in Hogate’s van or a hotel room.
A plea deal between Hogate’s attorney and the prosecuting attorney was reached, which resulted in the three counts of criminal sexual conduct being dismissed if Hogate pleaded guilty to the fourth count. As part of the plea deal, Hogate was required to register as a predatory sex offender with the Bureau of Criminal Apprehension for a period of time.
In yesterday’s hearing, Hogate’s attorney asked that the guilty plea and sentence be withdrawn, because the BCA is now requiring Hogate to register as an offender for a period of 30 years to life, which was not part of the original plea deal. No decisions regarding Hogate’s request were made, but the judge did agree to review the materials submitted by Hogate and his attorney. No future court dates of hearings were schedule.