Two weeks after being arrested for the 1995 murder of his wife, formal charges have yet to be filed against 34-year-old Jaramie Pate. The Cabot man was in court Wednesday morning, but because he's hasn't been charged, his plea and arraignment hearing was rescheduled.
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We obtained a copy of the seven-page arrest affidavit, which is just a summary of the evidence against Pate. Detectives say it's enough to warrant murder charges, but Saline County Prosecutor Robert Herzfeld will make the final decision.
Two weeks ago, Pate was led into the Saline County Jail in handcuffs; 10 years after police say he gunned down his wife and the mother of his two children in a Little Caesar's parking lot in Bryant.
Reports show immediately after the murder, Pate was interviewed, but quickly cleared as a suspect. Three years later police confirmed they did not believe he was involved.
In May 1998, Shawn Garner with the Arkansas State Police said, "The husband is not a suspect either. He has been fully cooperative in the case, also and has done everything we've asked him to do."
Fast forward seven years, and now Bryant detectives assigned to the cold case say the initial investigation wasn't thorough enough.
Detective Todd Crowson with the Bryant Police Department says, "Detective [Jimmy] Long did some extensive interviews some investigation with the case, found new evidence and it pointed us to the direction of Kimberly Pate's husband."
In 1998 the original detective, Jim Harris, who's now retired, even admitted mistakes were made.
Harris said, "Maybe we should have gone back and talked to some people more in details than maybe what we did talk to them. Hindsight is one of the best things we have."
New witness interviews in the arrest affidavit report that Pate saw his wife kiss another man on the night of her murder and that Kimberly Pate had indicated she was taking their two kids and "planning to separate from Jaramie.”
It also says police received an anonymous phone call from someone who reported, "just prior to the homicide, Pate said if he caught Kimberly with any other man he would kill her.”
The affidavit goes on to say Pate's car matched the description of a car seen speeding away from the murder scene and a man at Kimberly Pate's funeral said he heard Jaramie Pate lean over his wife's body and say "I told you I would get the kids.”
Detectives say they're not sure why that evidence was overlooked or not reported in the beginning, but they say now it's enough to hold Jaramie Pate accountable.
Pate has always maintained his innocence and is currently out of jail on a $250,000 bond. If charges are filed against him, he is scheduled to make an official plea on Jan. 25.