Pittsfield man accused of jumping out of balcony in escape attempt is denied bail
PITTSFIELD -- A Pittsfield man who police say jumped from a second-story balcony to evade capture was ordered held without bail on Thursday pending a violation of probation hearing.
Justin Lowery, 27, of Hawthorne Avenue, allegedly was in violation of a restraining order when he showed up at his ex-girlfriend's house on Tyler Street about 11:30 p.m. Monday and started banging on her back door.
When police showed up, they found Lowery inside the woman's apartment and told him not to move, but he leapt from a second-floor balcony. He was taken into custody and booked after EMS workers medically cleared him, but he was later taken to Berkshire Medical Center.
Lowery appeared in Central Berkshire District Court for his arraignment on Thursday after being released from the hospital. He had to use crutches to get around during the arraignment. He denied single counts of misdemeanor violating a restraining order and resisting arrest.
His attorney, Marc C. Vincelette Sr., told the court his client had suffered a slipped disk and nerve damage in the fall.
According to the attorney, Lowery's ex-girlfriend has been in almost constant contact with his client via electronic communication since she was given the restraining order and on Monday night asked him to order their child Chinese food, which he did. After the woman made a comment about Lowery needing to be in his child's life, he went to the woman's apartment, Vincelette told the court.
Vincelette said his client had been drinking that night.
He asked that Lowery be released on his own recognizance with the condition that he refrain from drinking alcohol.
"Look at him, judge. He's in no condition to go anywhere," Vincelette told the court. "He couldn't run if he wanted to."
The Berkshire District Attorney's Office asked for $2,500 bail and the probation department requested Lowery be held without bail pending a violation of probation hearing scheduled for Oct. 18.
Judge Jacklyn M. Connly set bail at $500 cash or $5,000 surety bail and ordered Lowery held without bail until the probation hearing.
Four days before this alleged incident, 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. Police and prosecutors said Lowery punched the same woman as in the current case in the face and threw a full can of beer at her head, missing her.
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