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.

Austin DWI Attorney, Kyle Lowe continued his streak of DWI acquittals on November 17th when a Williamson County jury acquitted his client of  DWI 2nd Offense.  A jury was impaneled on November 15th, 2010 in Williamson County Court of Law #2, Honorable Tim Wright presiding.  The case was prosecuted by the Chief of that court.

The facts of the case are as follows:  Client was stopped for speeding on RM 1431 near IH35 by a DPS Trooper.  The Trooper testified that said client was exceeding the speed limit by 15 mph at approximately 1:30 am.  The Trooper continued by stating the client believed she was traveling at 55 mph and when asked, she honestly did not know the exact time of day without looking at her watch.  The Trooper then stated that the client admitted having 2 beers within several hours, had slurred speech, exhibited ‘marked’ sway, unsteady gait and, after a HGN test (eye exam), showed intoxication.  The Trooper concluded his testimony by stating that the client constructively refused any other field sobriety and breath tests.  Upon cross examination by Kyle Lowe, the Trooper softened his statements regarding the client’s intoxication by stating that her speech was ‘only slightly slurred’ and that her ‘sway was not visible on the video’ due to the distance from the camera to the parties.  Further cross examination of the Trooper revealed that his HGN exam of her eyes was not in compliance with the standards set forth by the NHTSA (National Highway Traffic Safety Administration) and that much of the evidence he used was not visible on camera.  The Trooper also revealed that the client’s ‘excited and emotional responses’ in the vehicle during transport to the county jail were ‘not unusual’ for DWI defendants who begin to realize that detention/incarceration is imminent.

The jury did not believe there was sufficient evidence to convict and unanimously acquitted the client of DWI, 2nd Offense.

After June brought a guilty verdict, Austin DWI Defense Attorney, Kyle Lowe restarted his win streak with another DWI acquittal in August.  His client was acquitted in Travis County Court of Law #7, Honorable Elisabeth Earle presiding.  Client was originally arrested for DWI in Travis County following a stop for Speeding on 6th Street.  Austin Police Department officers testified that from their stationary position near Whole Foods Market at 6th and Lamar, they clocked said client going 40 mph in a 30 mph zone.  The police officers went on to testify the following additional indicators of intoxication:  when stopped, a request was made for the client’s TX Drivers License at which time the client handed them a credit card; the officers reported that the client had low, thick-tongued speech, was slow to respond to questions, admitted drinking at least 3 beers and did not know the exact time of day.  During the field sobriety tests, officers testified that the client had 4 of 6 indicators on the HGN eye test, could not keep his balance while being instructed to do the walk and turn test, then, while performing the walk and turn, he missed the heel to toe motions, took 8 steps instead of the instructed 9 and turned incorrectly.  Further evidence offered by the officers was that the client had a delayed estimation of time during the Rhomberg balance test and, while performing the one-leg stand test, he swayed, used his arms for balance and put his foot down one time.

Under cross-examination, the Austin police officers revealed that they were conflicted as to whether the speed limit in the area the client was clocked was actually 30 or 35 mph.  Further testimony revealed that since it was actually a 35 mph zone that the client was clocked in, the officers would not have stopped someone unless they were exceeding the speed limit by 10 miles.  Additional cross examination led one of the officers to state that, although he was sure the client was driving while intoxicated, since the client exhibited only 4 of the 6 indicators on the HGN, there was a strong possibility that the client could have been below the .08 standard for intoxication as set forth by the NHTSA.  Further cross examination of the officer revealed that the client as well as many others who are not ultimately arrested for DWI walk 8 steps instead of 9 on the walk and turn portion of the testing.  Additionally, the officer testified that the client did fairly well on the walk and turn test as well as the one-leg stand.  Upon further questioning, one of the officers became noticeably frustrated with the questioning by Kyle Lowe.  The officer began turning red-faced with anger and became verbally aggressive and evasive while on the stand.  Following the officer’s testimony, the client then took the witness stand as did the client’s friend who had witnessed said client’s drinking that evening.  Following this testimony, the defense rested.

After 3 hours of deliberation and two and a half days of testimony, the jury returned a unanimous verdict of NOT GUILTY.