Lowery v. State
310 Ga. 360
Ga.2020Background
- On June 15, 2015, Lowery led a high‑speed, multi‑agency pursuit through Toombs and Montgomery counties; during the chase he fired a .410 shotgun at pursuing officers.
- Sheriff Ladson O’Connor joined the pursuit; during the chase Lowery fired at O’Connor’s vehicle, causing O’Connor to swerve, run into a ditch/culvert, go airborne, strike a tree, and be ejected and killed.
- Lowery and passenger Dixie Best were indicted for multiple counts including felony murder (predicated on aggravated assault and on fleeing/eluding), attempted murder of pursuing officers, aggravated assault on officers, and eluding.
- At trial (venue moved to Bleckley County) the jury convicted Lowery on felony murder predicated on fleeing/eluding and several other counts; he was sentenced to life with parole eligibility plus concurrent and consecutive terms on other counts.
- Lowery moved for a new trial (general grounds and other claims); the trial court denied the motion after an evidentiary hearing. Lowery appealed, challenging sufficiency on felony murder, the new‑trial standard applied, admissibility of pretrial statements, and exclusion of victim‑character evidence.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (death caused by flight/shooting) | Sheriff either died before the crash or caused his own crash; causation lacking | Evidence shows Lowery’s flight and shooting forced O’Connor to take evasive action that caused the fatal crash | Evidence sufficient; jury could find Lowery’s conduct caused O’Connor’s death beyond a reasonable doubt |
| Trial court’s handling of new‑trial general‑grounds review | Trial court merely recited sufficiency standard, failed to exercise discretion as thirteenth juror | Trial court weighed motion, record, and counsel arguments and declined to substitute its judgment for jury after finding verdict consistent with justice/equity | No error; court properly considered and denied motion under OCGA §§ 5‑5‑20, 5‑5‑21 |
| Admissibility of pretrial statements / Miranda waivers | Waivers involuntary due to fatigue and gunshot wound; statements coerced or impaired | Lowery was advised of rights multiple times, understood and waived them, acted coherently (helped search), later invoked counsel for shooting question | Trial court’s finding of voluntary waiver and admissibility of statements upheld as not clearly erroneous |
| Exclusion of Sheriff O’Connor’s character evidence | Court abused discretion by barring evidence of victim’s character | Court only required the defense to lay a proper foundation and comply with rules of evidence; defense made no foundation effort | No abuse of discretion; exclusion was proper until foundation laid and none was offered |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Jackson v. Denno, 378 U.S. 368 (court review of voluntariness of confessions)
- Walker v. State, 296 Ga. 161 (sufficiency review principles)
- Grier v. State, 273 Ga. 363 (trial‑court factual findings on voluntariness reviewed for clear error)
- Norton v. State, 293 Ga. 332 (statements admissible despite impairment where defendant appeared to understand rights)
- Krause v. State, 286 Ga. 745 (voluntariness upheld despite drug/alcohol evidence)
- Holmes v. State, 306 Ga. 524 (vacatur where trial court cited only sufficiency without addressing general‑grounds weighing)