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Kyle Lowe, Criminal Defense Attorney

Kyle Lowe Criminal Defense/DWI Attorney

Licensed to practice law since 1993 in New Mexico, and since 1997 in Texas, Kyle Lowe has been trying cases for 16 years. His only focus is Criminal Law. Beginning his career as an Assistant District Attorney in New Mexico, Kyle quickly worked his way up to Deputy District Attorney and became the designated DWI Prosecutor for the office.

 

In his 5 years as a prosecutor Kyle tried more than 60 cases to juries to include the first State prosecuted wiretap conspiracy case in New Mexico history...

 

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Archive for the ‘Austin Criminal Defense Attorney’ Category

Austin DWI/Criminal Defense Attorney, Kyle Lowe, wins Assault with Bodily Injury Acquittal

January 15th, 2013 by Kyle Lowe

Another jury trial win for Austin DWI/Criminal Defense attorney, Kyle Lowe occurred on September 19, 2012 in County Court of Law #4, “The Family Violence Court” of Travis County.  The jury returned with a Not Guilty finding to the allegation of Assault with Bodily Injury on a family member.

 

A jury was empaneled on September 17, 2012 to decide an allegation of Assault with Bodily Injury alleged by citizen witnesses and police.  Witnesses asserted that they saw the defendant assaulting his girlfriend inside their car in a North Austin neighborhood.  The State produced four 911 callers who each testified as to why they called for emergency assistance that day.  Each witness recounted that, as they drove past or were standing near the defendant and his girlfriend, they observed the defendant repetitively pushing and pulling on a female who was in the driver’s seat of the vehicle.  Two police officers testified that they responded to the scene and observed injuries on the female victim consistent with those of an assault.  Both officers testified that, although the male defendant had a very strong foreign accent, they believed he told them that he was angry at his girlfriend because she was talking to other men at the party they had just left.  Our client testified that he, in fact, was not assaulting his girlfriend but merely attempting to get her out of the driver’s seat due to her degree of intoxication.  Client testified that his girlfriend was grabbing on to the steering wheel and each time he would reach in to pull one of her hands off the steering wheel she would latch on to the wheel with the other.  After cross examination of the 911 callers/witnesses by Kyle Lowe, the witnesses admitted that the defendant’s behavior only appeared to be abusive, that the frequent “reaching in” to the driver’s side by the defendant could definitely have been his attempt to remove her, and they further confirmed that none of them actually witnessed a physical blow to the girlfriend’s body.  The police officers testified that, although the girlfriend refused to say anything at the scene, it was possible that she did so to protect herself from a potential DWI arrest.  The officers also agreed that the injuries they observed on the girlfriend could have been sustained from a prior fall and not from actual punches to her body.  Both the client and his girlfriend testified similarly that they were not assaulting nor being assaulted and that they had never reported being angry due to one or the other talking or flirting with others at the party.  Following closing arguments the jury deliberated for an hour and a half and returned with the verdict of Not Guilty.

Austin Criminal Defense Attorney, Kyle Lowe Wins Murder Acquittal

April 7th, 2011 by Kyle Lowe

Cody Duggan

As reported in the Austin American Statesman on February 10, 2011; shooter who killed 1, hurt another is acquitted of murder and gets probation.

Accepting his testimony that he acted in self-defense, a Travis County jury acquitted a 25-year-old man of murder in a fatal July 2009 shooting during a drug deal gone bad in South Austin.  The jury, however, found Cody Duggan guilty of aggravated assault for shooting and wounding another man during the same incident at the Club at Summer Valley apartments on West William Cannon Drive near South First Street.  The jury sentenced Duggan to five years of probation.

Duggan, who had been free on bail, hugged his lawyer, Kyle Lowe after the probation sentence was announced.  In thanking the jury members for their service, state District Judge Julie Kocurek called it “a senseless crime that ruined a lot of lives.”

Austin criminal defense attorney, Kyle Lowe said that Duggan was a waiter and small-time drug user with no criminal record who heard from a friend in July 2009 that he could score about 150 Xanax pills for $300.  During a meeting at the apartment complex in the early morning hours of July 29, Julian Garza took Duggan’s money and told Duggan to wait in the parking lot while he retrieved the drugs, Lowe said.  Lowe stated that when Garza returned, he was with two men who told Duggan that he would not be getting the drugs or his money back.  According to attorney, Kyle Lowe, Thomas “T.J.” Geredine and Josh Carlson, both 21, started coming at Duggan.  As Geredine cocked a handgun, Duggan shot Geredine and Carlson.  Geredine died; Carlson survived.  Lowe stated that evidence during the 8-day trial showed that Carlson and Geredine had criminal records for assaultive crimes and that both had been using methamphetamine before the confrontation.