Trial results in four convictions including one felony for Raleigh County man

Josephine E. Moore, The Register-Herald, Beckley, W.Va.
·3 min read

Sep. 22—A Mabscott man, with a previous felony conviction, could face up to 13 years in prison after being found guilty Wednesday by a jury in Raleigh County on four charges, including one felony, which all stem from a 2020 traffic stop.

Following a two-day trial, Semaj Lowery, 35, was found guilty on the charges of felon in possession of a firearm, the sole felony conviction; obstruction; defective equipment and possession of a controlled substance, according to Raleigh County Assistant Prosecuting Attorney Josh Thompson, who prosecuted the case.

A jury found Lowery not guilty on the charge of assault on a government representative.

The case was presided over by Raleigh County Circuit Judge Darl Poling.

A sentencing hearing for Lowery has been scheduled for 1 p.m. Dec. 12 in front of Poling.

Thompson said Lowery's charges stem from a Sept. 18, 2020 traffic stop in Raleigh County which involved the West Virginia State Police.

Lowery was initially pulled over for having a defective taillight and registration light, Thompson said.

When he was approached by the officers who initiated the stop, they were able to detect the strong smell of marijuana coming from the vehicle.

"Immediately when they made contact with the defendant, Mr. Lowry, he was combative. He didn't listen to their commands. He basically had to be arrested because of that," Thompson said.

Officer later found a bag of marijuana in the vehicle as well as a handgun under the front driver's seat, Thompson said.

While he was not able to convince a jury to find Lowery guilty on all five counts presented, Thompson said his main focus was on the felony change.

As a previously convicted felony, Thompson said this conviction now holds a weightier sentence.

"For the felony charge, it is up to five years in the penitentiary but as Mr. Lowry has already been convicted of a felony, his sentence may be enhanced under the habitual criminal recidivist act of West Virginia," he said. "The max he could get for that felony sentence is up to 10 years."

Thompson's said Lowery was previous convicted in 2016 in Raleigh County for the charge of wanton endangerment.

He added that Lowery had been offered a plea deal from the Raleigh County Prosecuting Attorney's Office which was declined and resulted in the trial.

"This is someone that's a habitual offender," Thompson said. "Just the very nature of his charge shows that he's been convicted of a felony before and if he doesn't want to take any plea offer from the state, then we're prepared to go to trial on any charge. I believe that that's important for the general public to know, for defendants to know, for defense counsel to know, that if the deal is not favorable for the Raleigh County Prosecuting Attorney's Office, then we will take the case to trial. And I believe we showed that with this matter."

Thompson added that he would like to thank his legal assistant for the trail, Amber Lilly, as well as Prosecuting Attorney Benjamin Hatfield for the opportunity to prosecute the case.

Lowery was represented by attorney Mike Froble.

Thompson has worked for the Raleigh County Prosecuting Attorney's Office for three years and is the felony prosecutor handling the felonies in front of Judge Poling's courtroom.