GRAND PRAIRIE (CBSDFW.COM) – The Dallas County District attorney’s office said it would drop two indictments against Tammy Lowe, the former teacher accused of hitting and killing a six-year-old boy.
Lowe’s attorneys argued that they did not get a chance to present their side of the case to the grand jury. The law does not give them the right to address the grand jury, but Dallas County traditionally allows it.
Prosecutors plan to present the case again to a grand jury, while allowing Lowe’s attorneys to present their side.
Meanwhile, Lowe’s lawyer, Cameron Gray, made it clear how she will plead to the charges of manslaughter and failure to render aid if she faces them again.
“I am absolutely 100% sure both these cases will be fought in court with a plea of not guilty,” said Gray. “I’m not going to sit here and tell you we will for sure win them. But we’re going to fight like hell.”
Police say Lowe ran a red light and struck John Raidy as he was walking in the crosswalk a few steps ahead of his mother at the intersection of Carrier Parkway and Holiday Hills Drive in Grand Prairie.
Police say she fled the scene and did not resurface until she turned herself in five days later.
Lowe’s attorneys are also calling for her car to be returned from the county impound where its being held.
“This is a 53-year-old grandma/teacher who needs her car? And what possible reason would you have for keeping it now?” questioned Gray. “You need some evidence? Take your pictures, get everything you need and let her have her car back. This is mean spirited and vicious!”
Lowe’s attorney says even if she is found not guilty, she will still suffer.
“Tammy will have to live with this the rest of her life. And there’s not a sentence that can be imposed on her any worse than what she is imposing herself in her own mind. Its very, very tragic,” he said.
Gray says the explanation of what happened and why Lowe left the scene will have to wait until her trial.
Update: 3/29/2013: Tammy Lowe was indicted a second time by a grand jury after a judge threw out the original charges. The first indictment was thrown out after Lowe’s attorney challenged the amount of time he had to prepare for a defense. Lowe is charged with manslaughter and failure to render aid. She is awaiting trial, which is now scheduled to start on August 18, 2014.
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