Niagara Gazette — LOCKPORT — A Falls man who had been serving 10 years probation for his guilty plea of attempted rape of a teenager while she was under the effect of synthetic marijuana, will now be spending a year behind bars.
Niagara County Court Judge Sara Sheldon Farkas handed down the sentence to Zachary Lowman for his guilty plea to a violation of probation. He had served 18 months of his 10-year probation sentence at the time the violations occurred.
Lowman, 22, of 87th Street, admitted he violated the terms of his probation because he “did not abstain from using valium and (real) marijuana,” that he had failed to complete a sex offender treatment program and that during a home visit by a probation officer, a 17-year-old girl was found hiding in the attic of his house.
It will be Lowman's second time behind bars. He spent the first six months of his so-called "split probation sentence" at the Niagara County Jail.
His guilty plea to an attempted first-degree rape charge was part of a deal with prosecutors. He had originally been charged with first-degree rape and endangering the welfare of a child.
Lowman could have been sentenced to 1 1/3 to 4 years behind bars as a result of his guilty plea, but was also eligible for the probation sentence he received.
Falls police detectives arrested Lowman in February 2012, after his 14-year-old victim told investigators that she had smoked K2 with him before she was sexually assaulted. The teen told detectives that Lowman called the K2 “legal marijuana.”
Narcotics detectives say the use of products like K2 and Spice, so-called synthetic forms of marijuana, has grown in popularity. At the time of Lowman’s assault on the teen, the sale of synthetic marijuana was legal in New York state.
Since then, the state Department of Health has banned the sale of both synthetic marijuana and similar substances marketed as “incense” or “bath salts.”