Experienced Trial Attorney  

State Drops Burglary/Battery Case

Practice Area:
Criminal Defense

Date:
Oct 22, 2013

Outcome:
Case Dropped by State

Description:
The State Attorney’s Office has dropped all charges against James Clark. Mr. Clark was accused of Battery and Burglary in May of 2013. If convicted of these charges Mr. Clark would have spent the rest of his life in prison. The State of Florida has now charged his accuser, Nancy Lowe with Attempted Murder, Arson, and Child Neglect in relation to the incident where she put herself and her daughter in a vehicle doused it in gasoline and lit it on fire. On May 25, 2013, James Clark received a call from a neighbor telling him that his ex-wife’s car and house was on fire and that he needed to respond to the residence because his daughter was in the vehicle. Prior to this phone call, Mr. Clark had reported his daughter missing to authorities due to the fact that his ex wife, Nancy Lowe took the child from school against a court order. When James Clark arrived at the residence, he learned that his ex-wife, Nancy Lowe had put their 12 year old daughter in the family vehicle doused it in gasoline and lit it on fire in an attempt to kill herself and her child. Luckily neighbors were able to rush into the garage and pull the child from the vehicle before it exploded. In an attempt to avoid responsibility for her actions, Ms. Lowe claimed that her ex husband James Clark drove her to try and kill herself and daughter by breaking into the residence three nights prior and beating Ms. Lowe. Based on her false accusations to law enforcement, Mr. Clark was immediately handcuffed and arrested for Burglary and Battery, his ex wife however was not arrested. Through his attorney, Anthony Rickman, Mr. Clark was able to provide the State and Law Enforcement with evidence showing that he did not commit the crime, and that it was Ms. Lowe, the child’s mother who was solely responsible for the attempted murder of the child. In showing his client’s innocence, Mr. Rickman provided the state with police reports, phone records, surveillance video, toll road records, and receipts all showing that Mr. Clark was over one hour away from Ms. Lowe’s residence at the time of the alleged incident. Mr. Rickman also produced witnesses who were with Mr. Clark at the time of the alleged burglary and other witnesses who observed his ex wife, Nancy Lowe to have no physical injuries the day after she was allegedly attacked. Additionally, Mr. Rickman was able to attack the credibility of Mr. Lowe by providing the State with proof that Ms. Lowe had made false accusations against other men and Mr. Clark in the past that were similar to the false accusation against his client; Mr. Clark , however, passed a polygraph test in relation to the incident. Ultimately, James Clark was cleared of all charges, and the true culprit Nancy Lowe remains behind bars charged with Attempted Murder.