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Man facing battery charges for incident involving police  guilty but not guilty due to mental disease

MILWAUKEE — A man facing misdemeanor battery charges in connection with an incident involving Milwaukee police in May 2018 near 51st and Capitol was found guilty but not guilty due to mental disease/defect on Wednesday, April 10.

Demetrious Lowe, 26, of Milwaukee was in court Wednesday for a plea hearing — where he entered guilty pleas to three misdemeanor counts of battery or threat to a judge, prosecutor or law enforcement officer in Phase 1 of the NGI hearing. The judgement of conviction was withheld by the court. In Phase 2 of the hearing, there was no contest to the not guilty/insanity report from a doctor, online court records showed, and it was ruled Lowe was able to appreciate the wrongfulness of his acts, but due to mental disease/defect, he was unable to conform his conduct to the requirement of the law.

A hearing regarding a conditional release plan, which would allow for Lowe’s supervised release, was set for June 20.

Lowe made his initial appearance in court just days after the incident May 2, 2018. At that time, his attorney said there was reason to question his competency, and indicated he “doesn’t remember hardly anything” from the incident. He noted that Lowe suffered from mental illness, and said “I feel police knew he had mental issues and problems.”

Lowe’s attorney said Lowe was acting up that day because of evil spirits, and despite earlier reports that someone put something into Lowe’s drink, Lowe’s attorney said he attributed his actions to his mental illness.

Demetrious Lowe

He was found competent to proceed during a hearing in June 2018.

Demetrious Lowe

Lowe was taken into custody on May 5, 2018 — after he was taken to the hospital following his arrest. His family said he had several surgeries after the incident and suffered injuries to his ribs, shoulder and neck. They said they feared him being held in jail wasn’t good for his physical or mental well-being.

According to the criminal complaint, police were originally called to the neighborhood around 6:30 p.m. following a report that a man who was suffering from a mental health episode, had become violent toward relatives as well as other residents. Milwaukee Police Chief Alfonso Morales said a caller stated the man had kicked her door in, and indicated she was hiding behind a car. She said he had not been acting normally since the weekend, and she believed someone put something in his drink.

Demetrious Lowe

51st and Capitol

When police arrived on scene, they located Lowe walking in the area of 51st and Capitol —  not far from the original address of the service call. Officers attempted to speak with him, but he responded incoherently, repeatedly stating “I’m King James,” and he refused to cooperate with the officers’ commands. When officers attempted to arrest him, he assumed a fighting stance and actively fought with officers.

The complaint indicated one officer deployed his “O.C. spray” —  but this had no effect on Lowe. Lowe allegedly then punched this officer in the face — knocking him backward into the street. The officer suffered what was described in the complaint as “a broken mustache bone.”

51st and Capitol

51st and Capitol

51st and Capitol

At that time, three other officers surrounded Lowe and delivered baton strikes to no avail. Lowe then punched another officer — knocking him to the ground. Another officer responded to the scene and positioned himself behind Lowe. The complaint indicated Lowe struck that officer in the face — knocking him backwards.

The complaint indicated another officer suffered a thumb sprain during the struggle with Lowe.

After several minutes, Lowe was eventually taken into custody. He was taken to a hospital to be treated for injuries and for a mental health evaluation, police said.

Demetrious Lowe

Police said the following about the four officers who were injured during the incident:

  • The first officer was a male with eight years of service on the force. He received significant facial injuries from being punched by the subject multiple times.
  • The second officer was a male with 10 years of service on the force. He received swelling and contusions to his head, face and body from being punched by the subject.
  • The third and fourth officers were both males, each with four years of service. They both received swelling and contusions from the incident.

Three Milwaukee police officers were placed on administrative duty, and a fourth was placed on administrative suspension after the arrest.

This wasn’t the first time Lowe was in trouble with the law. In 2012, after arguing with the mother of his child and her family members about child support, prosecutors say he punched and beat up the woman’s sister and her father. He pleaded guilty to one count of misdemeanor battery and one count of misdemeanor criminal damage to property. He was sentenced to 18 months probation.

51st and Capitol

Demetrious Lowe

Demetrious Lowe

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