PITTSFIELD -- A city man admitted on Friday that he tried to evade police by jumping from a second-story balcony.
Police found Justin Lowery, 27, of Hawthorne Avenue, at the home of his child’s mother on Sept. 30 in violation of a restraining order. When confronted by officers, Lowery leapt from the balcony and his the ground with a "thud," according to a Pittsfield police probable cause report.
His attorney, Marc C. Vincelette Sr., said Lowery suffered a slipped disk and nerve damage in the fall. The attorney said his client had been drinking that night and that the woman had been in contact with Lowery and made a comment that night about Lowery needing to be in his child’s life.
When Lowery showed up at the 22-year-old’s Tyler Street home, there was "an unexpected guest" there which "set things off," said the lawyer.
The police report states that Lowery and the woman had previously been married; Vincelette said the woman was Lowery’s ex-girlfriend.
Four days before, Lowery pleaded guilty to assault with a dangerous weapon and assault and battery and was put on probation until September 2014, according to court documents. Lowery punched the same woman in the face and threw a full can of beer at her and missed, said police.
On Friday in Central Berkshire District Court, Lowery pleaded guilty to violating a restraining order and was sentenced to a seven-month suspended sentence for a year. During that time, he must attend a substance abuse program and get a mental health evaluation.
Lowery pleaded to facts sufficient for a finding of guilt on a charge of resisting arrest and had the charge dismissed. He was given time served on a violation of probation from his earlier case. Lowery had been in custody since his arrest Sept. 30.
Vincelette said Lowery was a Marine veteran, held down two jobs and wanted to get sober.
Lowery thanked the judge and told him he would work hard while on probation.
The Berkshire District Attorney’s Office was asking for a 127-day sentence for Lowery, including residential alcohol treatment.
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