Manslaughter Case No Billed in Morris County, Texas

Mr. Lowe’s client got into a drunken argument with his father-in-law on Christmas day 2015.  The argument became physical and and Mr. Lowe’s client pushed his father-in-law off his father-in-law’s front porch of the father-in-law’s home in Naples, Texas.  The fall resulted in severe brain trauma.  The client’s wife was present when the altercation took place.  Both Naples Police and the Texas Rangers investigated the incident.  The father-in-law was taken to the hospital.  The next day, the father-in-law was pronounced dead.  The medical examiner’s autopsy indicated that death was caused by blunt force trauma to the left side of the father-in-law’s skull. Mr. Lowe’s client was arrested and charged with both Aggravated Assault, Serious Bodily Injury and Manslaughter.  Each charge carried a range of punishment of 0-20 years and an optional fine not to exceed $10,000.

Mr. Lowe’s pre-grand jury investigation demonstrated that his client used reasonable force under the circumstances.  In particular, Mr. Lowe filed a Motion for Examining Trial.  The Examining Trial is a pre-trial hearing in which a District Judge or Magistrate can determine probable cause for an offense.  At that hearing, Mr. Lowe presented affirmative evidence which showed his client’s actions were reasonable.  In addition, Mr. Lowe was able to get both the Naples Police and the Texas Ranger who investigated the cases to admit under oath that his client acted reasonably under the circumstances.

The cases then went to a Morris County Grand Jury sitting in Daingerfield, Texas.  Mr. Lowe’s work resulted in the Morris County Grand Jury declining to indict the client on both charges.  The Morris County Grand Jury voted for a “No Bill.”  In other words, the Morris County Grand Jury determined that the pre-Grand Jury investigation work demonstrated that Mr. Lowe’s client had acted reasonably under the circumstances and that the case should not go forward.

 

Mr. Lowe’s client will be eligible to have both 2nd degree felony charges expunged from his record.


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