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Shaken Baby Death Case: Deferred Adjudication in Potter County, Amarillo, Texas

Mr. Lowe’s client was charged with Injury to a Child, Serious Bodily Injury, a second degree felony in Potter County, Amarillo, Texas.   The Potter County District Attorney’s office accused Mr. Lowe’s client of causing the injuries that led to a 2 year old child’s death and faced up to 20 years in the penitentiary.

The 2 year old child was left in the client’s care and shortly thereafter the child stopped breathing.  Mr. Lowe’s client gave a statement to the investigators.  After working on the case for 2 years and conducting extensive investigation, Mr. Lowe was able to obtain a deferred adjudication probation for his client on the day of trial.  Mr. Lowe’s client will not go to the penitentiary for the child’s death.  Mr. Lowe’s client will not be charged with Manslaughter, Murder, or Capital Murder related to the child’s death.

Mr. Lowe was able to controvert much of the State’s medical evidence through the use of his own forensic medical examiner who is a well known physician in Dallas.  Mr. Lowe’s evidence cast serious doubt on the Lubbock Medical Examiner’s conclusions and the conclusions of the hospital radiology department upon which the State of Texas intended to rely for their case in chief.  In addition, Mr. Lowe was able to show inconsistent statements from various family members related to the deceased child’s death.

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