Vergennes Police Chief Pleads Not Guilty

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Middlebury, Vermont - August 24, 2009

Vergennes Police Michael Lowe was in court today, arraigned on five counts, including embezzlement, neglect of duty, drug possession and fraud.

Chief Lowe pleaded not guilty to these new charges. He's also facing a DUI charge levied after his cruiser scraped another car back in June. That investigation uncovered new information that led to today's charges, including that he embezzled property, taking a handgun that was evidence in a suicide case Vergennes police had investigated.

This was Chief Lowe's first appearance in court since he became the center of a police investigation against him. The Vergennes chief was in rehab in Florida when he was arraigned two weeks ago for a DUI charge. His lawyer had pleaded not guilty on his behalf.

Investigators from the Attorney General's office looking into the DUI charge found Lowe had been dependent on prescription drugs following neck surgery. He obtained some of them illegally from other people, including another Vergennes police officer who had been filling his own prescription for painkillers and giving the pills to Lowe.

And investigators say the chief embezzled property in police possession. According to court papers, Lowe fraudulently took a handgun that had been seized by Vergennes police officers investigating a suicide. He allegedly told another Vergennes officer he could have the gun in exchange for buying him vitamin supplements.

Lowe's lawyer Rick Goldsborough questioned whether probable cause had been found on the embezzlement charge. "Reading the affidavit carefully it looks like they've concluded a debt was owed in exchange for this pistol but I have documents showing the pistol in fact went back to the family of the owner," said Goldsborough.

Prosecutors say Lowe's claim that the transfer of the gun had been approved by the Attorney General's office was not true.

"Indeed he subsequently spoke to the Attorney General's office, was informed this was an inappropriate way to conduct evidence handling, and subsequently the gun was recovered. But at the time the transfer took place, his conduct meets the elements of embezzlement in the official capacity," said Assistant Attorney General John Treadwell.

The judge did not dismiss the charges. Outside court, Lowe's pastor told reporters the new charges have had a dramatic impact on the chief.

"He's dealing with the consequences of that impact. But the community, he's been an excellent chief, most of the people in this community stand behind him and support him. Again the embezzlement charges certainly have confused the community and hopefully they're going to be able to clarify that," said Pastor Tim Taylor of Victory Baptist Church.

Lowe did not speak in court. Pastor Tim Taylor says the police chief is doing well, rehab has enabled him to get off the prescription drugs.

The prosecutor had no comment on other possible charges, like the officer who participated in the gun swap, but court papers indicate that investigators promised not to use the statements made by that officer against him.

If Lowe is convicted on the embezzlement charge, Lowe could face a maximum penalty of ten years in prison. He's due back in court next month.

Lowe is on unpaid leave from his job.

Kate Duffy - WCAX News