An attorney for Burden Chief of Police Travis Lowe has asked the court to toss out a domestic battery charge the police chief is facing.
“There is insufficient evidence to indicate that contact (between Lowe and his wife) was anything other than accidental,” Winfield attorney Chris Rogers said Wednesday. “It was an accident. There is no evidence to the contrary.”
Rogers has filed a motion to dismiss that will be considered when Lowe appears in a Winfield courtroom at 10 a.m. Friday. He was to be in court Tuesday but blizzard conditions closed the county courthouse.
Lowe was arrested Nov. 21 following an incident at his home between he and his wife. The city first placed him on administrative leave with pay but has since stopped paying the chief.
Lowe is facing a single count of domestic battery or simple battery in the alternative.
Rogers said that Lowe’s wife, Lorri Lowe, has indicated, in public and to law enforcement, that any physical contact her husband made with her was accidental. Rogers did say the couple was having an argument that eventually led to officers being called to the residence.
The law requires that physical contact be intentional to sustain a domestic battery count, Rogers said.
Cowley County Attorney Chris Smith acknowledged the motion had been filed but offered no comment on the filing.
If the dismissal is not granted, it’s likely Lowe will arraigned on the charge against him.
