Actions Of Bondsman Called Into Question

Actions Of Bondsman Called Into Question
By LISA A. DAVIS, The Tampa Tribune

Published: January 12, 2008

NEW PORT RICHEY - Local authorities are scrutinizing a bail bondsman's tactics that led to a man pulling a gun in a busy public office earlier this week.

Police are looking closely at the bondsman's role in Tuesday's scare and scuffle at the county tax collector's branch office, and a veteran legislator has called for a state investigation.

State Sen. Mike Fasano on Friday crafted a letter to Alex Sink, Florida's chief financial officer, asking her to look into what happened and prevent a repeat.

"Since the regulation of bail bondsmen falls under the jurisdiction of your agency, I am requesting that an investigation be done into this matter so that we can take the necessary steps, whether by rule or legislation, to make certain this never happens again," Fasano wrote. "I'm sure you agree that a citizen should be able to feel safe in a public office whether it be the office of the tax collector, a legislative officer or even the DMV."

Edward John Darlington is accused of pulling out a .380-caliber semiautomatic handgun and trying to load it when the bondsman attempted to arrest him as Darlington waited to register a truck. Bondsman David Lowman, his twin brother, Donald, and a customer were able to force Darlington to the ground and handcuff him before city police arrived.

Nobody was injured except Darlington, who had minor cuts on his face.

'He's Got A Gun'

Witnesses and police say the situation turned bad when the Lowmans approached Darlington in front of a counter in the office. Someone screamed, "He's got a gun!" and customers and employees hit the floor while others ran.

Although licensed bondsmen have arrest powers, police and other officials say apprehending someone in a crowded public space is beyond poor procedure.

"If I could find something to charge him with I would've," said city police Detective Randy Murphy, who responded to the scene. "I was pretty upset."

Pasco Tax Collector Mike Olson had harsh words for the Lowmans, too.

"How incredibly stupid it was for those people to do that," Olson said.

New Port Richey police plan to forward any information they uncover to the Florida Department of Financial Services, which regulates limited surety agents or bail bondsmen.

Although David Lowman, owner of Help Bail Bonds Inc. of Clearwater, is a licensed agent, his brother is not. In fact, Donald Lowman has a record of drug convictions, most recently in 1998.

Officials are trying to sort out Donald Lowman's involvement in the scuffle.

According to Olson, there is surveillance video of the incident.

The brothers couldn't be reached for comment Friday. Shortly after Tuesday's altercation, David Lowman said he was surprised Darlington pulled out a weapon in public.

Darlington went to the office near Gulf Harbors to register his mother's truck in his name, but she later told police he stole it. Olson said the woman was at the office with her son. What exactly happened remained unclear.

Calamity Avoided

Shortly after the office incident, Olson called Fasano looking for help. The tax collector said he also will ask Sink's office to investigate the Lowmans.

"There's obviously a need for bail bondsmen to get out and get some" people, Olson said Friday. "... The way this was handled was just not the right place, the right time. It could've been done in the parking lot. That still would've been dangerous but not as much so."

Olson hopes the Legislature will review the law on bondsmen.

"Our conversation right now could've been about a tragedy if that gun had gone off," he said.

In a related development, Darlington was arrested Thursday at the Land O' Lakes Jail on allegations of writing worthless checks in another criminal case.

Darlington, 45, of 5123 Darlington Road in Holiday, bought a Honda all-terrain vehicle on Dec. 30 from USA Auto in New Port Richey by writing $4,500 on a business account that had been closed, according to a city police report. He admitted he knew he couldn't cover the check when he wrote it, the report states.

Darlington also faces charges of felon in possession of a firearm, carrying a concealed weapon and grand theft in connection with Tuesday's incident. His total bail is $45,000.

Reporter Lisa A. Davis can be reached at (727) 815-1083 or ldavis@tampatrib.com.

Find this article at:
http://www2.tbo.com/content/2008/jan/12 ... news-pasco

_________________
Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO

Proud Member of the AB Reject Club

And there you GO folks . . . no matter how well we do our job . . . and no matter what the SIQ does . . . it will always come back to bite US in the A$$
On a side note . . . they really should have waited til he walked out of the office and then took him down . . . but I am thinking that the bondsman had the rational thought 'this guy will be no prblem in a crowded public place'
Thugs are never rational.
Where is Baildoc?

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN

I am surprized none of my in laws called to mess with me about this. They all live in New Port Richey.

_________________
********************
Thomas SnoWolf
FRN# 1999
GAPB 20120726
NSIS ST0707
http://www.rocksolidrg.com
"The hero is not the man that acts without fear,
He is the man that acts inspite of fear"

Bondsman, Twin Avoid Prosecution

By DAVID SOMMER, The Tampa Tribune
Published: February 28, 2008

NEW PORT RICHEY - A bail bondsman and his twin brother will not be prosecuted in connection with a January incident at a government office in which a man brandished a gun.

"We felt a jury would have a tough time convicting" the men on technical charges involving the twin's status as a former felon, Assistant State Attorney Mike Halkitis said Wednesday after dropping charges against 44-year-olds David and Donald Lowman.

David Lowman, who has owned and operated Help Bail Bonds for six years, had been charged with allowing a convicted felon to act as a bond agent.

Donald Lowman had been charged with being a felon acting as a bond agent.

The men were charged after a melee inside a Pasco County Tax Collector's Office on U.S. 19 in which customers were forced to dive for cover after a man David Lowman was trying to arrest pulled a gun.

The incident sparked outrage from state Sen. Mike Fasano, R-New Port Richey, who called on Florida Chief Financial Officer Alex Sink to investigate the incident because her agency regulates bail bondsmen.

Reached on Wednesday, Fasano said he was not pleased with the decision to drop the felony charges against the Lowmans.

Brother Was Given Clemency

He said he will wait to see what Sink does before considering legislation to regulate where bondsmen can make arrests.

"I'm hoping they Sink's Department of Financial Services will see this guy used not bad but terrible judgment and decide his license should be revoked," Fasano said.

Defense attorney Craig Kubiak, who represents the Lowman brothers, said there is no law against a bondsman attempting to arrest a client in a public place.

Also, Donald Lowman, who was convicted of drug charges in the 1990s, had all of his civil rights, except the right to bear arms, restored in June 2004 by the Office of Executive Clemency, which at the time consisted of Gov. Jeb Bush and members of the state Cabinet.

"It's incredibly rare, and there are multiple levels of clemency," Kubiak said of Donald Lowman's status.

"He can vote, hold office and do everything except carry a gun, and he is still a felon," Kubiak said.

Halkitis said he thinks Donald Lowman can no longer be considered a felon.

He said Donald Lowman did what any brother would have when his brother's client, Edward John Darlington, pulled a loaded and cocked gun on David Lowman.

The Lowmans were able to tackle Darlington and handcuff him without any shots being fired, the prosecutor said.

"So the legal question becomes, is Donald acting as a bail bondsman or assisting his brother and acting in self defense?" Halkitis said. "We felt the evidence doesn't show him as a convicted felon."

Halkitis said David Lowman might have shown "better judgment and maybe waited outside" the tax office to arrest Darlington.

"It was probably a poor choice but he had every right to go in there."

Kubiak said Darlington was at the tax office trying to transfer title of his mother's truck into his name.

Mother Tipped Off Bondsman

The mother, who had signed her son's bond papers on grand theft charges out of Pinellas County, told police her son had stolen her truck.

It was the mother's request that she be removed as Darlington's bond backer that prompted David Lowman to arrest Darlington at the tax office, Kubiak said.

The mother tipped the bondsman off as to her son's whereabouts, and he waited in the tax office parking lot for hours before Darlington showed up and parked by the front door, he said.

Donald Lowman had driven his brother to the tax office as a favor and was waiting with him at the far end of the parking lot when David Lowman decided to corner Darlington inside the office, Kubiak said.

Donald Lowman went along without being asked, he said.

David Lowman had no idea Darlington was armed and does not think he did anything wrong, Kubiak said.

"I don't know that unapologetic is the right word" but his client is not offering any apologies, Kubiak said.

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN

I agree, he should be charge. There are to many people out there that just think they can do this job with a criminal record with felonies.

When someone calls our office for a job, the first question I ask them is " Do you have any felonies?' If they answer yes, then I tell them I do have any openings.

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Steve Faircloth
A Way Out Bail Bonds
(220) 204-9733 Cell
NSIN# SF0105
LIC. #704058

What ? You wouldn't hire that guy on tv...what's his anme ? the world's gretest clown....you know the one married to the trailer trash woman ?

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River City Associates
Decatur, Al. 35601

Not in this LIFE TIME...

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Steve Faircloth
A Way Out Bail Bonds
(220) 204-9733 Cell
NSIN# SF0105
LIC. #704058

Most of the time its the crucked bondsmen that get into trouble.

I realize it's been over a year since this was originally posted... just thought it was funny that the SIQ's last name was Darlington... and he lives on Darlington Street. Surprised no one else caught that... Anyone?... Anyone?...

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Joshua Z.
Private and Retail Security/Investigations

He or She who has no sins may cast the first stone .
This is coming from someone who has no record and has always pratice good jugment not for one but for all involved.
Your past does and does not define you***********

Experience teaches slowly, and at the cost of mistakes.
James A. Froude

Men soon the faults of others learn
A few their virtues, too, find out;
But is there one—I have a doubt—
Who can his own defects discern?
Sanskrit Proverb

Nothing is predestined: The obstacles of your past can become the gateways that lead to new beginnings.
Ralph Blum