Tuesday, June 6, 2006 • Lowry goes to prison for 20 years-to-life for Tomberlin’s murder

Publisher’s note: This story originally appeared in the Tuesday, June 6, 2006 edition of the Lassen County Times.

Kelly S. Lowry, 37, who recently moved to Westwood, was sentenced to 20 years to life in prison for the murder of Tamara Tomberlin.

Visiting Modoc County Superior Court Judge Larry Dier handed down the sentence on Thursday, May 18.

Tomberlin’s sister Diana Desfosses testified at the sentencing, saying Tomberlin had a stroke when she was 18 months old and developed epilepsy by the time she was 8 years old, according to court records.

Tomberlin moved into the Westwood Senior apartments a few years ago and “they all loved her,” Desfosses said. “The same goes for the seniors at the lunch program. They took her under their wing and made her feel like someone special.

“She fought for 40 years, always looking at life in a positive manner. She had a paralyzed arm and had difficulty walking, but she rode her three-wheel bicycle all over town. Not one to stay at home, she loved meeting people. Everyone knew Tammy.

“And then Kelly Lowry moved to town and three weeks later, he killed her violently in the blink of an eye to hide the fact that he had beaten her up so badly the night before.”

Defosses said it was the most painful thing she has ever experienced.

Lowry entered a guilty plea on March 23 to a charge of second-degree murder. Public Defender David Marcus then announced the plea bargain agreement that set Lowry’s 20-years-to-life sentence.

Lowry entered the plea in Department 3 of Lassen County Superior Court, admitting the murder of the Westwood woman between Nov. 26 and Nov. 28.

Those who know both Tomberlin and Lowry said the murder took place on Saturday, Nov. 26.

Second degree murder is usually defined as an unpremeditated or unplanned intentional killing, or a killing caused by dangerous conduct and lack of concern for human life. The plea bargain included a 15-year-to-life prison sentence for the main charge.

Lowry admitted an enhancement of personal use of a dangerous or deadly weapon, a rock. The plea bargain gave him a one-year prison sentence for the enhancement.

He also entered a guilty plea to assault with force likely to produce great bodily injury. The plea set a four-year prison sentence for the assault.

Marcus said Lowry would serve the five years in prison first as a determinate sentence before beginning the 15-years-to-life term.

Lowry also agreed to an Arbuckle waiver, giving up his right to be sentenced by the same judge who convicted him. Dier set the sentencing hearing for 8:30 a.m. on Thursday, May 18 before Superior Court Judge Ridgely Lazard. However, Lazard was unavailable and Dier was available, so Dier handed down the sentence.

Dier noted Lowry waived his right to appeal the judgement or the sentence.

The county sheriff’s department began investigating the possible murder after Tomberlin was reported as an “at risk” missing person by a family member on Monday, Nov. 28.

Tomberlin’s body was located after several leads and extensive dark-to-dark searches for three days in cold and brutal weather conditions by the Lassen County Sheriff’s Office, Plumas County Sheriff’s Office, CHP, Lassen County Search and Rescue teams using dogs, Lassen County DA’s Office and the Susanville Police Department.

Marcus said Lowry eventually led investigators to her body, which was found in a wooded area north of and close to Westwood. She was located at approximately 5:30 p.m., Thursday, Dec. 1.

Dier remanded Lowry to the custody of the sheriff’s department for delivery to High Desert State Prison.