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Thursday, September 2, 2010
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Prosecutor: Insurance, lover led to death
Published July 29, 2010
Assistant Attorney General Pamela Casey plans to prove Kathy Lowe got exactly what she wanted on a chilly night in November 2008.
She says Lowe wanted her husband, David Lowe, dead and shot him twice in the back outside the home the couple shared in the Horton community.
Casey also said she will prove Kathy Lowe had a boyfriend while married to David Lowe beginning in July 2008. She took out a new life insurance policy on David Lowe and purchased a pistol and received a pistol permit in the months and weeks prior to the shooting, she said.
“We will prove the acts that caused David Lowe’s death were done with intent,” Casey said Tuesday. “She killed him.”
Defense attorney Robert Tuten contends Kathy Lowe was afraid for her life and shot David Lowe in self-defense.
If convicted, Lowe could face life in prison.
Kathy Lowe’s trial began Tuesday afternoon with opening statements and testimony from three witnesses before Circuit Court Judge Tim Jolley.
“This is not a who-dunnit case,” Tuten said. “This is a matter of self-defense. You will hear from her. She will tell you herself why she did what she did and exactly what happened that night.”
Casey contends the events leading up to David Lowe’s death on Nov. 11, 2008, read something like a tawdry novel.
“On Nov. 11, 2008, Kathy Lowe got exactly what she wanted. She wanted David Lowe dead,” Casey said. “This is not a case of self-defense, but a case of murder.”
During the trial, Casey told jurors she planned to bring out discrepancies in Kathy Lowe’s statements made in the hours and days following the shooting. She also will bring out cell phone records and an analysis of towers used, numbers called and timing of those calls in relation to the statements Kathy Lowe made.
Casey said Kathy Lowe initially told investigators at the scene David Lowe had held her hostage and argued with her for hours, following her throughout the house, preventing her from using the bathroom or telephone. At other times, the story changed to include she left the home to allow David Lowe to cool off, she called both her son, Bryan, and daughter, Amanda, and that she took a shower in the evening.
Tuten told jurors Kathy Lowe and her children will testify.
“The Lowes were married for 28 years. Somewhere along the way something fell apart and David and Kathy started arguing quite a lot and arguing over every little thing,” he said. “Most of the time in these arguments settled down. This night was different from every other fight and argument.”
Tuten said the evidence he plans to provide will prove Kathy Lowe acted in self-defense and acted on the belief her life was in danger.
David Lowe was found in the backyard of the couple’s home with two gunshot wounds to the back and side. He had two pistols, one in a front pants pocket and the other wrapped in a handkerchief in a back pants pocket, both loaded, but neither in his hand or near the body.
A third pistol thought to be the one used in the shooting, was found at the neighboring home of her mother in a rear bedroom under a pillow.
Several other pistols and shotguns owned by David Lowe were taken from the home by police officials for “safety reasons.”
Following Tuesday’s opening statements, Deputy Charles Cothran and Investigators Wayne Baker and Keith Wilson testified regarding the crime scene, how and where David Lowe’s body was found and how many guns and shell casings were discovered in the first few hours following the shooting.
James Conner, of Albertville, a longtime family friend of David Lowe testified Wednesday.
Conner said he first heard about David Lowe’s death from television news reports.
“It numbed me,” he said. “I called Kathy (Lowe) and asked her what in the world happened.
“She said, ‘I’m sorry for shooting your friend.’
“She told me David (Lowe) had held her at bay with a gun. She talked him into letting her go to the bathroom. While she was up, she went into the bedroom and got a gun. She said she hid it in her pants. She asked him if she could go outside and get some air. She said she knew she had to get him outside because if she shot him inside the house, she and the kids would not be able to continue living there.”
ABI agent Bradley Renfroe testified he was summoned to the shooting scene by his superior officers, arriving at about 2:15 a.m.
Renfroe testified to several inconsistencies arising from Kathy Lowe’s initial statement given to police hours following the shooting and additions and changes in her story as told to Renfroe in a follow-up interview in January.
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