Oct 24, 2024
FRESNO, Calif. (KSEE/KGPE) - 32-year-old Mariah Spate was sentenced to 12 years and eight months in state prison on four felony charges related to an incident in Aug. 2022, when she slipped out of her handcuffs in the back of a Fresno County Sheriff's Office patrol car, pulled a concealed handgun from her undergarments, and fired it multiple times out the back window of the cruiser. She had been arrested that day, on suspicion of felony assault with a firearm, which she would later be found not guilty of. As for the charges she was convicted of, they include two counts of felon in possession of a firearm, discharge of a firearm with gross negligence, and resisting and executive officer. In Department 70 of the Fresno County Superior Court, Judge Gary R. Orozco, said while she didn't fire the handgun in the direction of deputies, she could have injured others or worse. "Yeah, she didn't fire in the direction of the peace officers to her right in the patrol car, but there was an apartment complex about 50 yards away across the street... The direction that she did fire," he said. Spate was initially accused of firing multiple rounds at deputies, who then fired on the woman. She was struck at least twice. Spate's Defense Attorney Lanae Oviedo said Spate has continued to deal with injuries from the shooting, injuries that include a bullet still lodged in her neck.  At the sentencing, Oviedo asked Judge Orozco for a lesser sentence of five years and eight months. She argued that would be appropriate with her client's injuries, the fact it was Spate's first violent offense, even with a long criminal history including multiple felonies in Lake County, and because of her troubled past. A past Oviedo says includes abuse and struggles with mental health, which she argues was a factor at the time of the shooting. "Miss Spate was a victim growing up of child abuse, sexual abuse, and domestic violence. At the time of this incident, she was suffering from a mental health diagnosis," said Oviedo. However, Judge Orozco would not budge on the lesser sentence, as he also denied the possibility of probation. "She's just too dangerous. The two incidents that were the subject of this trial was a firearm that was basically hidden. It was not brandished until moments before the shooting started," he said. Spate also received 926 days in time credits, which means she will serve just over 10 years behind bars. It's unknown at this point which detention facility she will go to, but the Fresno County District Attorney's Office confirmed she will first be taken to the Wasco State Prison-Reception Center. There, she will receive an initial assessment for 45 to 90 days before it's determined which state prison she will be sent to for the rest of her sentence.
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