Prosecuting attorney John Tanner, State Attorney for the Seventh Judicial Circuit of the State of Florida has filed first and third degree felony charges against Richard Alan Pate including kidnapping, burglary with battery, robbery with a deadly weapon, and grand theft in two separate instances against women who opened homes to Tanner under the impression that he was a legitimate buyer.

Both victims identified Pate from a photo lineup shortly after the crimes occurred. Pate had served time for armed robbery in 1993.

According to felony case number 03-616-CFFA, Pate allegedly kidnapped a woman for the purpose of "facilitating the commission of a felony, to-wit, robbery and/or grand theft on August 1st, 2003." According to reports, he robbed the woman, a homeowner who was selling her own home, by pretending to be a homebuyer interested in the home. He suggested to her that he drive her to see his attorney so that they could consummate a deal. Once in the car, he drew a knife on her, and forced her to write him a check and to give him her ATM Bankcard and PIN number to access the account for a total value of about $300.00.

For these actions, Pate is charged with the following counts: kidnapping, a First Degree Felony; robbery with a deadly weapon, a First Degree Felony, two counts; and grand theft, a Third Degree Felony.

The second case involved a prominent Realtor who agreed to show Pate homes believing that he was an interested homebuyer. At a new home owned by builder Stoughton Homes, Inc. on August 5th, Pate allegedly captured the Realtor upstairs, according to police reports, and "committed a battery upon" her. He then took her debit card, three rings including a wedding ring, some petty cash, and locked her in a closet. The total property taken was valued at about $15,856.

For these actions, Pate is charged with burglary with battery, a First Degree Felony; robbery, a Second Degree Felony; and grand theft, a Third Degree Felony.

The Flagler County Sheriff Department arrest warrant indicates that "intelligence was received of similar type robberies in Brevard County, FL; Volusia County, FL; Lowndes County, GA; and Glynn County, GA." The agencies involved exchanged information. During investigation, an anonymous caller indicated that the defendant was "a person of interest." A photo line-up was compiled. The report states that the Realtor "immediately positively identified the defendant as the person who committed said robbery and false imprisonment."

Could the kidnappings and robberies have been prevented?

While it is hard to prevent a determined predator, some Realtors made it easy for Pate to commit the alleged robberies by failing to qualify him as a legitimate buyer. Pate allegedly robbed Realtors in several counties from Georgia to Florida. Not once did any agent take down his license plate, or ask to see or copy his driver's license. In all cases, the agents agreed to show Pate homes based on nothing more than his expressed desire to see homes, according to news and association accounts.

According to Janet Helms, broker/owner of Realty Executives Space Coast Realtors in Melbourne, Florida, Pate had Georgia license plates. "If one of those agents had said this is a late model with Georgia license plates, they would have gotten him long ago," she says.

Helms, in charge of education (safety) for her local association, also complains that neighboring real estate associations across two counties didn't warn each other about the danger posed by Pate, who allegedly charmed his way into getting agents to show him expensive homes. He also seemed to have a way of knowing which houses were vacant, and those were the ones he wanted to see. The Georgia and Florida agents were kidnapped and robbed at vacant houses, according to news and police reports.

One association did put out a warning to its members, who pasted fliers and drawings of Pate in their offices. One office reported that a man fitting Pate's description entered the office asking to look at homes, and upon seeing the sketch of a perpetrator like himself, turned and left the premises quickly without getting an agent to accompany him.

It was after this point that he began to target FSBOs and agents in other counties, says Helms. "Now that he started with the public," says Helms, "maybe people will start listening."

As part of the Realtor Safety Week September 14th-20th sponsored by the National Association of Realtors, association leaders and brokers will be encouraged to provide showing and safety policies that better protect homeowners and real estate agents.

"We know that NAR is endorsing the big answer, but we need to do our jobs up front for our own safety and the offices need to back us up," says Helms.

A few precautions could have prevented a predator like Pate from successfully conning and robbing Realtors. Here's what you can do to protect yourself and others:

As compensation and listings are shared with competitors through the MLS, so should safety procedures. Listing agents and sellers could require that only qualified buyers be allowed to view listings, and when you stop to think about it, there really is no good excuse why unqualified buyers are getting into seller's homes escorted by agents anyway.

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