Parents still seek answers in death at hands of police

Kristi O’Harran

Kristi’s Notebook

A Imagine expecting your oldest son for brunch on a Sunday morning. The buzzer rings and you release the security bar. You expect to hear a familiar "Hello, I’m here, and I’m starving."

Instead, a police officer hands you a card with a phone number for the coroner’s office in Portland, Ore.

That is how Carol Marsall of Lynnwood and Ralph Lowery of Snohomish learned their child was dead.

On Dec. 4, 1999, their son, Damon Lowery, 29, from Lynnwood, gave a friend a ride to Portland. After arriving at the home of the friend’s girlfriend, some hallucinogenic mushrooms were eaten.

"Supposedly, Damon became very emotional," Marsall said. "A fight broke out between the two guys, and the police were called."

Police responded and called for backup. Lowery jumped or fell out of a window and hit a concrete patio where he was confronted by Portland police.

"By police accounts, Damon did not respond or comply to their wishes to show hands, so they proceeded to fire numerous bean bags at him from close range and even shot him in the groin to get his attention," Marsall said.

"When he still did not put his arms out like an airplane, they emptied cans of pepper spray on his face and wounded head. Then they used asp batons to repeatedly hit him. Police reports show that Damon tried to get away and fell over a fence. According to police reports, they continued to beat him until their arms were tired. Damon was handcuffed and hog tied, strapped face down on a gurney and put in an ambulance."

Lowery was pronounced dead upon arrival at the hospital.

The parents are left with many questions about the fate of their son. For instance, why wasn’t a special police unit called with officers trained to deal with those in mental distress?

Portland Detective Stuart Winn said there was no time to get other officers to the scene.

"The situation evolved so quickly," Winn said from his office in Portland. "This guy was obviously having some kind of problem that made him a danger. They knew they had to contain him and get him into custody. It seemed to me, officers acted as they should have."

A grand jury was impaneled to review the death, and the officers’ actions were ruled justifiable.

Winn said as a family searches for reasons for the loss of a loved one, they look for more meaningful answers than there was a fight, and he cut his throat.

"I’m not sure there is more to it than that," Winn said. "It’s an unfortunate case."

At the time of the death, the family rushed to Oregon. They were not able to see their son’s body until a few days later when Lowery was brought to a Lynnwood funeral home.

"He was horribly beaten up", Marsall said. "His head was terribly bruised and torn up. There were marks all over his face. They were circular marks, not cuts from glass. His whole body was badly bruised."

Marsall said her son was a nice-looking guy. Lowery prided himself on keeping physically fit.

"He had a beautiful smile and a great laugh," she said. "He loved kids and looked forward to having his own. How can his family possibly understand the senselessness of this? We miss him terribly."

Ralph Lowery said police are there to protect, not inflict pain, or make a situation worse. He said he doesn’t believe explanations of the police justify their actions.

Damon’s parents have spent almost a year gathering information about the death. They have amassed paperwork, including coroner reports, police statements, paramedic information and trauma doctors’ findings.

The couple have spent their savings in the quest. There is a Damon I. Lowery Memorial Fund set up at any Washington Mutual Savings Bank.

"It’s very hard to find out anything when you are constantly trying to deal with city hall," Ralph Lowery said. "Every piece of paper has a cost and phone calls are rarely returned."

Among their many questions, they said they aim to find out why Lowery was placed face down on a gurney when there has been so much controversy about this type of treatment of people in custody.

"Here is anybody’s son," Ralph Lowery said. "It could happen to anyone."

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Traffic idles while waiting for the lights to change along 33rd Avenue West on Tuesday, April 2, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood seeks solutions to Costco traffic boondoggle

Let’s take a look at the troublesome intersection of 33rd Avenue W and 30th Place W, as Lynnwood weighs options for better traffic flow.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Death of Everett boy, 4, spurs questions over lack of Amber Alert

Local police and court authorities were reluctant to address some key questions, when asked by a Daily Herald reporter this week.

The new Amazon fulfillment center under construction along 172nd Street NE in Arlington, just south of Arlington Municipal Airport. (Chuck Taylor / The Herald) 20210708
Frito-Lay leases massive building at Marysville business park

The company will move next door to Tesla and occupy a 300,0000-square-foot building at the Marysville business park.

Cars drive onto the ferry at the Mukilteo terminal on Monday, Nov. 1, 2021 in Mukilteo, Washington. (Olivia Vanni / The Herald)
Everett woman disrupts ferry, threatens to drive motorhome into water

Police arrested the woman at the Mukilteo ferry terminal Tuesday morning after using pepper-ball rounds to get her out.

Bothell
Man gets 75 years for terrorizing exes in Bothell, Mukilteo

In 2021, Joseph Sims broke into his ex-girlfriend’s home in Bothell and assaulted her. He went on a crime spree from there.

Allan and Frances Peterson, a woodworker and artist respectively, stand in the door of the old horse stable they turned into Milkwood on Sunday, March 31, 2024, in Index, Washington. (Ryan Berry / The Herald)
Old horse stall in Index is mini art gallery in the boonies

Frances and Allan Peterson showcase their art. And where else you can buy a souvenir Index pillow or dish towel?

Providence Hospital in Everett at sunset Monday night on December 11, 2017. Officials Providence St. Joseph Health Ascension Health reportedly are discussing a merger that would create a chain of hospitals, including Providence Regional Medical Center Everett, plus clinics and medical care centers in 26 states spanning both coasts. (Kevin Clark / The Daily Herald)
Providence to pay $200M for illegal timekeeping and break practices

One of the lead plaintiffs in the “enormous” class-action lawsuit was Naomi Bennett, of Providence Regional Medical Center Everett.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Voters to decide on levies for Arlington fire, Lakewood schools

On Tuesday, a fire district tries for the fourth time to pass a levy and a school district makes a change two months after failing.

Everett
Red Robin to pay $600K for harassment at Everett location

A consent decree approved Friday settles sexual harassment and retaliation claims by four victims against the restaurant chain.

A Tesla electric vehicle is seen at a Tesla electric vehicle charging station at Willow Festival shopping plaza parking lot in Northbrook, Ill., Saturday, Dec. 3, 2022. A Tesla driver who had set his car on Autopilot was “distracted” by his phone before reportedly hitting and killing a motorcyclist Friday on Highway 522, according to a new police report. (AP Photo/Nam Y. Huh)
Tesla driver on Autopilot caused fatal Highway 522 crash, police say

The driver was reportedly on his phone with his Tesla on Autopilot on Friday when he crashed into Jeffrey Nissen, killing him.

Janet Garcia walks into the courtroom for her arraignment at the Snohomish County Courthouse on Monday, April 22, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett mother pleads not guilty in stabbing death of Ariel Garcia, 4

Janet Garcia, 27, appeared in court Monday unrestrained, in civilian clothes. A judge reduced her bail to $3 million.

magniX employees and staff have moved into the company's new 40,000 square foot office on Seaway Boulevard on Monday, Jan. 18, 2020 in Everett, Washington. magniX consolidated all of its Australia and Redmond operations under one roof to be home to the global headquarters, engineering, manufacturing and testing of its electric propulsion systems.  (Andy Bronson / The Herald)
Harbour Air plans to buy 50 electric motors from Everett company magniX

One of the largest seaplane airlines in the world plans to retrofit its fleet with the Everett-built electric propulsion system.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.