The 5th District Court of Bowie County, Texas, convicted Joshua Deshaun Lowe of capital murder, felony murder, and child injury. The doctor suspected 11-month-old Javontae Neeley had been violently shaken, thrown and slammed onto a hard surface, causing a head injury. Other injuries, such as cracked ribs, were older and had allegedly been inflicted days before the injury that caused his death. He was charged with three counts: unlawful homicide of a juvenile, inflicting harm to a child, and causing harm to a kid. The trial court ordered a mandatory life sentence without parole for capital murder. Lowe filed an appeal, claiming that the conviction breached double jeopardy, lacked adequate evidence, had defective jury instructions, and was based on premature allegations. The appellate court sustained the conviction, finding no mistake in the jury instructions, but concurred with Lowe's concerns regarding the early application of a time payment cost. The case emphasizes the importance of procedural safeguards and judicial responsibility in considering appeals.
“… choked on a hot dog,
a puppy knocked him over,
accidentally dropped him,
hit his head on a table ledge.”
Joshua D. Lowe. Autographed Letter, Signed. Handwritten, Commercial #10 (4.125 × 9.5 envelope). North Texas, TX. January 15, 2025. Content unknown. SEALED.
Overview of the Case Involving Joshua Deshaun Lowe
Joshua Deshaun Lowe was convicted of multiple serious offenses, including capital murder, felony murder, and injury to a child. The case was adjudicated in the 5th District Court of Bowie County, Texas. The trial court sentenced Lowe to life imprisonment without the possibility of parole for the capital murder conviction, which involved the death of a minor victim named Javontae Neeley.
A doctor at Arkansas Children’s Hospital in Little Rock reported to investigators the day before Javontae died on July 13, 2021, that his injuries included “abusive head trauma, subdural hemorrhage, cerebral edema, retinal hemorrhages, healing rib fractures, five separate ribs, and bruising, facial scalp, ear, cheek, chest, back and extremity.”
The doctor suspected Javontae had been violently shaken, thrown and slammed onto a hard surface, causing a head injury. Other injuries, such as cracked ribs, were older and had allegedly been inflicted days before the injury that caused his death.
Details of the Conviction
Charges and Convictions: Lowe faced three charges:
Capital Murder: This charge pertains to the unlawful killing of an individual younger than ten years old.
Felony Murder: This charge is typically applied when a death occurs during the commission of a felony.
Injury to a Child: This charge involves causing harm to a child aged fourteen years or younger.
Sentencing: The trial court imposed a mandatory life sentence without parole for the capital murder conviction. No sentences were imposed on the other two charges at that time.
Appeal and Legal Arguments: Following his conviction, Lowe appealed on several grounds:
He argued that convicting him on all three charges violated double jeopardy protections.
He contended there was insufficient evidence to prove he was responsible for Caleb’s death.
He claimed that the jury instructions were flawed regarding how they assessed his actions leading to Caleb’s trauma.
Lastly, he asserted that he was prematurely charged with a time payment fee.
Court’s Findings on Appeal:
The appellate court upheld Lowe’s capital murder conviction, stating that sufficient evidence supported the jury’s conclusion that he killed Caleb.
The court found no error in how the jury was instructed regarding their deliberations.
However, it agreed with Lowe concerning the premature imposition of a time payment fee and modified the judgment by removing this fee.
Double Jeopardy Considerations: The appeal raised significant issues related to double jeopardy under the Fifth Amendment, which protects against multiple punishments for the same offense. The court analyzed whether each offense had distinct elements as per Texas law and determined that they did not constitute double jeopardy violations in this instance.
Judicial Process and Responsibilities: Throughout this process, both trial and appellate courts emphasized their joint responsibility under Texas Rules of Appellate Procedure to ensure timely filing and handling of records related to appeals.
In summary, Joshua Deshaun Lowe’s case highlights critical aspects of criminal law concerning serious offenses against minors, procedural safeguards like double jeopardy protections, and judicial responsibilities in managing appeals effectively.
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