Former Polk County Jail Sergeant Sentenced to Federal Prison for Beating Inmate

JOSHUA DAVID LOWE, 25, of Aragon, Georgia, a former sergeant at the Polk County Jail, was sentenced today by United States District Judge Robert L. Vining, Jr., on civil rights charges of using excessive force against an inmate in his custody.

Acting United States Attorney Sally Quillian Yates said, “This defendant was entrusted with protecting the public’s safety but abused that trust by using his authority to violently assault an inmate. Law enforcement officers are charged with protecting, not violating, citizens’ civil rights.”

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “The FBI, in investigating such civil rights abuses involving law enforcement officials, is never a pleasant endeavor but does illustrate our commitment to ensuring that the federal civil rights laws protect everyone. Law enforcement personnel, as a whole, understand their responsibilities and duties and are very aware that such instances of excessive force erode public trust and only make their jobs more difficult.”

Polk County Sheriff Kelly McClendon said, “We regret that Lowe's actions reflect negatively on Law Enforcement and Public Safety personnel; However, this should be a lesson for officers to remember that we are held to a higher standard. I feel that the judicial system has worked to its fullest potential in this case. As Sheriff, it is my duty to protect not only the citizens, but also the inmates housed at the Polk County Detention Facility and to assure that this type of misconduct will not be tolerated.”

LOWE was sentenced to 1 year, 9 months in prison to be followed by 3 years of supervised release. There is no parole in the federal system. LOWE pleaded guilty to the charges on August 8, 2009.

According to Acting United States Attorney Yates and the evidence presented in court: LOWE admitted that he abused his authority as a law enforcement officer on February 7, 2009, when he unnecessarily and repeatedly struck an inmate in his head and face while the inmate was strapped in a restraint chair. LOWE agreed that his conduct resulted in bodily injury to the inmate and violated federal law and the constitutional right of the Polk County inmate not to be deprived of liberty without due process of law. A number of LOWE’s fellow detention officers witnessed the incident and came forward to report LOWE’s conduct. One of the detention officers who witnessed the assault told federal authorities that he “saw blood everywhere” and that the inmate was “spewing blood” after he was attacked by LOWE. Another detention officer told an FBI agent that LOWE’s assault on the inmate was unjustified and “horrible.”

This case was investigated by the FBI and the Polk County Sheriff’s Office.

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Former Polk County Jail Sergeant Pleads Guilty to Federal Civil Rights Charges

JOSHUA DAVID LOWE, 25, of Aragon, Georgia, a former sergeant at the Polk County Jail, pleaded guilty August 6 in federal court to a civil rights charge of using excessive force against an inmate in his custody.

United States Attorney David E. Nahmias said, “We recognize that detention officers have a difficult job as they guard inmates in our jails and prisons. The vast majority of officers serve with honor and courage. But under no circumstances can we allow a detention officer to abuse his authority to commit an unnecessary and violent assault on an inmate. We are committed to investigating and prosecuting any law enforcement officer who engages in such criminal conduct.”

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “We would like to thank Polk County Sheriff Kelly McClendon and his administration for not only recognizing the seriousness of the crime committed by Detention Officer Lowe but also in bringing it to the attention of the FBI. It is this type of leadership within law enforcement that brings credit to the entire criminal justice system.”

Polk County Sheriff Kelly McClendon said, “We in law enforcement are held to a high standard. It is our duty and responsibility to ensure to the people we protect that whatever circumstances we face that our training and oath as law enforcement officers are held to the laws given to us by the Constitution of the United States and the State of Georgia.”

According to United States Attorney Nahmias and the information in court: LOWE admitted during the guilty plea hearing that he abused his authority as a law enforcement officer on February 7, 2009, when he unnecessarily and repeatedly struck an inmate in his head and face while the inmate was strapped in a restraint chair. LOWE agreed that his conduct resulted in bodily injury to the inmate and violated federal law and the constitutional right of the Polk County inmate not to be deprived of liberty without due process of law.

A number of LOWE's fellow detention officers witnessed the incident and came forward to report that LOWE had gone too far with his use of force against the inmate. One of the detention officers who witnessed the assault told federal authorities that he "saw blood everywhere" and that the inmate was “spewing blood” after he was attacked by LOWE. Another detention officer told an FBI agent that LOWE's assault on the inmate was unjustified and “horrible.”

LOWE is scheduled to be sentenced in Rome by Senior United States District Court Judge Robert L. Vining, Jr. on October 15, 2009, at 10:30 a.m. LOWE faces a maximum sentence of 10 years in prison and a maximum fine of $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

This case is being investigated by Special Agents of the FBI and the Polk County Sheriff's Office.

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Former Polk County Jail Sergeant Charged with Using Excessive Force

JOSHUA DAVID LOWE, 25, of Aragon, Georgia, a former sergeant at the Polk County Jail, has been indicted by a federal grand jury on a felony charge of using excessive force against an inmate. LOWE is scheduled to make an initial appearance before United States Magistrate Judge Walter E. Johnson in Rome on Monday, June 1, 2009, at 10 a.m.

United States Attorney David E. Nahmias said, “The great majority of Georgia’s detention officers serve with honor and courage, often under trying circumstances as they guard the inmates in our jails and prisons. But any officers who abuse their authority by violently assaulting inmates violate the Constitution and face going to prison as inmates.”

Polk County Sheriff Kelly McClendon said, “This type of behavior will not be tolerated in Polk County. We will aggressively deal with it in the most effective and appropriate manner, so that justice will be done.”

According to United States Attorney Nahmias, the indictment, and information in court: On February 7, 2009, LOWE, working as a detention officer, allegedly used excessive force when he struck an inmate at the Polk County Jail. The indictment alleges that this assault violated the inmate’s constitutional right not to be deprived of liberty without due process of law. The Polk County Sheriff’s Department discovered the alleged violation and immediately reported it to the FBI for further investigation. LOWE was terminated as a result of the incident.

Members of the public are reminded that an indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.

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