Hearing slated in wrongful death suit

BENTONVILLE — James Bates was charged but never tried for murder. Now he may have to pay the widow in the case.

Benton County Circuit Judge Brad Karren ordered a default judgment against Bates last month in a wrongful death lawsuit.

The murder case gained national attention when prosecutors and police asked that Amazon turn over any information from the Echo device in Bates’ home the night of Victor Collins’ death. Collins’ body was found in the hot tub at Bates’ Bentonville home.

The lawsuit was filed Nov. 2 in Benton County Circuit Court on behalf of Kristine Homan, Collins’ widow. Randall Wakefield, one of Homan’s attorneys, filed a motion last month for default judgment.

Karren granted the default judgment Dec. 10 after finding Bates didn’t respond to the lawsuit within the 30 days allowed by law.

A jury will decide the monetary amount if the default judgment stands.

Jeffery Elliott, Bates’ attorney, has filed a motion seeking to set aside Karren’s default ruling. Elliott filed a response to the lawsuit Dec. 28, and it includes

Bates’ denial that he caused any injuries to Collins.

Karren has scheduled a hearing for 10 a.m. Thursday concerning the case.

Bates was charged with first-degree murder and tampering. He pleaded not guilty. Prosecutors dropped the charges in November 2017. Benton County Prosecutor Nathan Smith noted new information from Bates’ attorney, adding Arkansas law requires evidence be consistent with the guilt of the accused and inconsistent with any other reasonable explanation.

“After a review of new information provided by the defense and a re-examination of the evidence in this case, I came to the conclusion that the evidence could support more than one reasonable explanation,” Smith said. “Accordingly, I am legally obligated to cease prosecution of the case at this time.”

Collins died of strangulation with drowning as a secondary cause, according to a probable cause affidavit.

Police and medics arrived and found Collins, who appeared to have a black eye, dead in the hot tub, according to the affidavit.

Kathleen Zellner, one of Bates’ former attorneys, sent a letter to Shane Wilkinson, one of Homan’s attorneys, which provided more information concerning the case. Zellner represented Bates in the criminal case. She sent the letter to Wilkinson after the lawsuit was filed, but she’s no longer an attorney for Bates.

Zellner states in her letter the allegation Bates fought with Collins is without any support. Her letter claims multiple pathologists have reviewed the autopsy report and disagree with the findings — especially strangulation, according to the letter.

Zellner claims in her letter the autopsy results are consistent with Collins having drowned in the hot tub. The letter claims Collins weighed 317 pounds, and, at the time his autopsy, his blood alcohol content was more than three times the legal driving limit.

Zellner’s letter also points to another possible suspect.

Bates went to bed, and Collins and another man remained in the hot tub. According to the letter, the man got out of the hot tub and left the residence in his boxer shorts and ran through the neighborhood in 25-degree weather.

The man could not remember why he left Bates’ home in such a hurry and told police he had blacked out, according to court documents.

Homan’s lawsuit claims Bates invited Collins to his home in November 2015 to watch a football game, and Collins began drinking alcohol. Collins and Bates drank more alcohol in the hot tub after the game ended, and Bates later drove Collins to the store to get more alcohol, according to the suit.

They continued to drink alcohol and at some point the two got into a fight, which ended in Collins’ death, according to the lawsuit.