WARSAW — Damen Kane Lowery appeared in Superior Court 1 on Nov. 3, to be sentenced on charges of child solicitation, a level 5 felony.
Damen Kane Lowery, 19, 1160 N. Arbutus Trail, Warsaw, was arrested in June regarding exploitation of a child under the age of 14.
According to the affidavit of probable cause, Lowery had met the victim at a family gathering on May 29, 2016. The victim’s mother had set up the victim’s cell phone to monitor all e-mail and text messages. On May 31, the victim’s mother found a photograph of a penis sent from Lowery’s cellular phone number. According to the mother, after the photo was sent the conversation between the juvenile female and Lowery turned sexual.
According to the affidavit of probable cause, Lowery admitted to officers that he had sent the photo but advised he did not know how old the girl was. Lowery stated the girl said she was a junior in high school. When officers searched the victim’s phone they found record of the victim telling Lowery her age, at which time he said he was okay with the age difference and continued a sexual conversation.
The State asked that Judge Cates give the maximum sentencing of two years and requested Lowery seek sex predator counseling.
Lowery’s attorney Joseph Sobek asked the court for reason, stating that Lowery is an honors graduate from Warsaw High School with no criminal record. Sobek added that Lowery has already served 135 days in jail.
Damen Kane Lowery took a guilty plea for one count child solicitation, a level 5 felony. Judge Cates acknowledged Lowery’s clean criminal record, ordering him to two years at the Kosciusko County Jail but suspending the sentence and assigning Lowery to two years probation, crediting 135 days jail time.
Judge Cates reiterated that if Lowery were to commit another crime, he will be facing the two year sentence. Lowery is to have no contact with the victim, seek counseling at the Bowen Center and register as a sex offender.