Officer Charged in Killing

A Department of Homeland Security officer has been charged with voluntary manslaughter in the February off-duty shooting of a Lebanese American man at a Mission Viejo apartment complex that led to protests by the victim’s family and friends.

The charge against Douglas William Bates, 43, was announced Wednesday when an indictment issued by the Orange County Grand Jury was unsealed. Bates surrendered to authorities and was jailed, with bail set at $100,000.

Authorities allege Bates shot Bassim Chmait, 20, of Laguna Hills in the head Feb. 5 during a fight with several men when they arrived at a party at the Madrid Apartments, where Bates lives. Initially, Orange County sheriff’s investigators said Bates’ handgun discharged accidentally and no charges were filed.

However, Dist. Atty. Tony Rackauckas turned the case over to the grand jury in March, citing contradictory accounts of the shooting and “credibility questions” regarding some witnesses.

Leo Terrell, Bates’ attorney, blamed the shooting on Chmait and three companions, who he said attacked his client when he went outside at 1:30 a.m. with his duty weapon after hearing a cry for help. He said Chmait and the others also used racial slurs to taunt Bates, a U.S. Customs and Border Protection officer who is African American.

“He went outside and saw four intoxicated young men,” Terrell said. “There were racial epithets thrown at him, and he was physically attacked. The gun discharged while he was being pounced on.”

Terrell said photographs of Bates’ battered face taken by sheriff’s investigators “clearly show that he too was a victim.”

After Chmait’s death, family and friends held vigils outside the Madrid Apartments in the 28000 block of Los Alisos Boulevard where the aspiring rap singer was killed. They also created a website where they have posted updates on the case and called for Bates’ arrest.

Bates was notified by prosecutors of the indictment and was given a chance to turn himself in, said Deputy Dist. Atty. David Brent.

Bates, who was assigned to Los Angeles International Airport, has been on administrative leave since the shooting, said Mike Fleming, a customs spokesman.

Terrell criticized Rackauckas for “punting to the grand jury” rather than making a decision on whether to file charges. In most cases, prosecutors review investigators’ reports and decide whether the evidence warrants charges against a suspect.

“The prosecution knows these are trumped-up charges. They didn’t have enough evidence to file against my client, so they sent it to the grand jury.”