Stockton, CA ,Biker's sentence reduced

OFF THE WIRE
BY: Scott Smith
Source: recordnet.com
With time credit, Prater will serve about five more years in prison for bar death
STOCKTON - A judge sent Frankie Joe Prater, a member of Stockton's Jus Brothers Motorcycle Club, back to state prison Monday for stabbing an unarmed man to death in a 2004 bar fight.

Prater, 45, will spend a little more than five more years in prison for the death of 22-year-old Mark Donahue, who died outside the bar off Country Club Boulevard then called Shakers.

Prater's earlier conviction for second-degree murder, which carried a sentence of 16 years to life, was overturned earlier this year, leading to a deal in which Prater pleaded guilty to voluntary manslaughter for an 11-year sentence in October.

"I believe Mark Donahue was murdered and left to die in the gutter," San Joaquin County Deputy District Attorney Kevin Mayo said outside court. "It's sad for everybody."

San Joaquin County Superior Court Judge William Murray sentenced Prater. But with credit for time served, he will serve about half of that total time.

A fellow biker, 40-year-old Robert Kenneth Memory, also was convicted in the fight. He originally was sentenced to more than nine years for two counts of attempted voluntary manslaughter.

In the plea deal, Memory's sentence was cut to six years after he pleaded guilty to one count of assault with a deadly weapon. He will serve about one more year in prison. Memory's new sentencing is set for Feb. 28.

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.