Brother says Gulf fake drowning was spur of moment

CORPUS CHRISTI, TX Larry James Tate Jr. in June 2009 pleaded guilty to two counts of incest in an Arkansas case that involved a stepdaughter. Tate, now serving seven years in prison, was expected to return to the stand Tuesday in Corpus Christi.

Katherine Tate is charged with hindering apprehension or prosecution of a known felon. Conviction is punishable by up to 10 years in prison.

Larry Tate testified Monday that it was a "spontaneous spur of the moment" decision when she reported him missing on Sept. 22, 2008, while swimming off Port Aransas.

Prosecutor Catherine Chopin says Katherine Tate knew her brother was alive as he faced incest charges.