Cape Coral man accused of firing gun during Circle K confrontation

CAPE CORAL, Fla. (WINK) — A Cape Coral man is facing two felony charges after police said he fired a handgun during a confrontation at a Circle K and pointed the weapon at another man.

Zachariah Isaiah Lowman was arrested Thursday night and booked into the Lee County Jail early Friday. He is charged with aggravated assault with a deadly weapon and discharging a firearm in public, according to police.

Cape Coral police responded to the Circle K around 6:16 p.m. Thursday after receiving a report that a man fired a handgun during a disturbance in the parking lot. Officers were told the suspected shooter left in a red SUV, according to police.

According to the probable cause affidavit, the victim told police he had finished pumping gas and was waiting for traffic to clear when the SUV behind him began honking. the victim then said he got out to see what was happening.

The victim told investigators the passenger of the SUV got out with a handgun, grabbed him by the throat, pointed the gun at his head and fired a round away from him while threatening to kill him, according to the affidavit. 

Police said surveillance video showed the victim walking toward the SUV before its passenger got out and approached him. Investigators said the passenger appeared to point an object toward the victim's upper body as the victim backed away.

Two witnesses told police they saw the passenger display a handgun and fire a round into the air. Both also said they saw the gun pointed at the victim. However, investigators noted that neither the witnesses nor the surveillance video supported the physical contact the victim described, including the allegation that he was grabbed by the throat. 

Police traced the SUV to a Cape Coral home and identified Lowman as the passenger and his brother, Matthew Elijah Lowman, as the driver.

Matthew Lowman told officers the alleged victim got out of his vehicle with a gun and threatened to kill him, according to the affidavit. He said his brother then got out and fired one shot into the ground before the brothers left.

Zachariah Lowman initially told officers he had been home during the incident, police said. After investigators told him they had surveillance video showing him at the store, he acknowledged being there and later told officers he fired one shot into the ground after the other driver allegedly threatened his brother with a gun, according to the affidavit. He denied approaching the victim or pointing his handgun at him. 

Investigators searched the victim's vehicle and said they did not find a firearm. The victim denied having a gun or threatening the brothers.

Police obtained search warrants for Lowman's home and the SUV. Investigators said they found a Smith & Wesson handgun in the passenger-side door pocket of the SUV. Police said the evidence, witness statements, surveillance video and Lowman's statements gave them probable cause for his arrest. 

During Lowman's first appearance Friday, his brother told the judge that someone had stabbed him in the arm earlier in the day. Matthew Lowman said that during the later confrontation at the gas station, a man got out of a vehicle, threatened to kill him and reached behind himself as if going for a gun.

Matthew said his brother fired the weapon and warned the man not to shoot him. The judge stopped Matthew before he could go further into the facts of the pending case.

The defense told the court Lowman has lived in Lee County for about 12 years, is employed and has no criminal convictions. His brother also told the court Lowman serves as a caregiver for their father, who has serious heart problems.

The judge said the court has serious concerns whenever a firearm is used or discharged in public and set bond at $25,000 on the aggravated assault charge and $5,000 on the firearm charge.

Lowman was ordered to have no contact with the victim, surrender his weapons to Cape Coral police and possess no weapons while the case is pending.

His next court appearance is scheduled for Oct. 26 at 8:30 a.m. in Courtroom 8B.