Indictments thrown out in case of teacher accused of fatal hit-and-run

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by MONIKA DIAZ

WFAA

Posted on March 7, 2013 at 11:46 PM

Updated Friday, Mar 8 at 5:49 PM

DALLAS -- The Dallas County District Attorney’s Office threw out the two indictments against Tammy Lowe, the Grand Prairie teacher accused of killing six-year-old John Raidy in a hit-and-run last January.

Lowe’s legal team claims the prosecutor on the case broke her promise and didn't allow them to present their side to the grand jury.

“We did not have a chance to present exculpatory and/or mitigating evidence to the grand jury for their consideration, so in this case, it looks like it was almost done in secret,” said Lowe’s attorney, Susan Anderson.

The prosecutor on the case called it an "oversight." The case will now be sent to a new grand jury, but the D.A.’s office told News 8 it's confident it will get the indictments again.

Lowe’s attorneys are also pushing to get their client’s car back, claiming the 53-year-old teacher and grandmother needs her vehicle.

Lowe has been borrowing a car from Cameron Gray, who is also representing her. She is currently working in his office, as well.

“Why are you keeping her car?" Gray asked. "Are you drive into the court room in the trial? You need some evidence, [then] take your pictures, get everything you need. Let her have her car back. This is mean-spirited and vicious."

A spokeswoman from D.A.'s office said they are not being vicious, but that it’s a serious case because a child was killed, and the car is a crucial piece of evidence that will be examined thoroughly.

The family also sent News 8 a statement: "I think Mrs. Lowe deserves a jury trial as a result of her actions. I do not hate her. I hate what she chose to do. I understand her attorney is just doing his job. I trust the fine people at the D.A.'s office to their job, also."

Lowe plans to plead not guilty when the case goes to trial. Her attorneys said they have an explanation for why Lowe left the scene of the crash, but that information will be revealed during the trial.

Gray told reporters his client is already punishing herself.

“Tammy will have to live with this the rest of her life,” Gray said. “There’s not a sentence that can be imposed on her any worse than what she is imposing on herself, in her own mind. It’s very, very tragic.”

E-mail mdiaz@wfaa.com

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