Virginia Beach, Va. - Although a Virginia Beach judge agrees it's a significant mental health case, the defense's request that Bryan Lowe be moved to an inpatient treatment facility has been denied.
The 48-year-old Army veteran is accused of threatening a father at gunpoint to take his two month old child.
According to attorneys for the Commonwealth, as the father pulled up to his Locksley Arch home, Lowe pulled up behind him. During a confrontation in the garage, Lowe pulled out a gun and said "I'm here to take your son, give me your son." Prosecutors did say Lowe never pointed the gun at the man.
How Lowe knew there was an infant in the back seat of the man's car was a major point brought up in court. Prosecutors say the victim's car windows were heavily tinted and that Lowe was noticed staking out the house prior to the incident.
Lowe's attorney, Greg Turpin, argued that his client's actions were a result of a medication issue that needs to be dealt with immediately. As a sufferer of PTSD, Turpin says Lowe takes several medications including antidepressants.
While testifying, Lisa Lowe described how her husband has become increasingly paranoid and delusional over the last couple of weeks.
She recounted a situation last week where her husband showed up at her work and told her "People are watching us. The government is watching us. I'm going to fix everything."
Later that day, she says, she found that Lowe had covered the web cam on his computer with a band aid and refused to use his work phone anymore.
After her husband called her crying uncontrollably on Saturday, she says she told him he needed to go to the ER or check into the VA hospital but he refused.
That same day, Lisa says she discovered Lowe hadn't been taking his medications.
During closing arguments, Turpin didn't ask the judge to simply let Lowe out of jail, rather he requested that Lowe be released to an in-patient treatment facility for the next 30 days then be brought back to court for an evaluation.
Even though Lowe's wife says she has a medical power of attorney to make sure her husband remain at a treatment facility during that time, the judge wasn't so sure that was enough.
The judge explained that since Lowe is an adult who hasn't been declared incompetent, she can't ensure that he wouldn't be able to sign himself out.
While the judge acknowledged that the situation being dealt with is a sad one, she says she has to think about the safety of the community.
Lowe can appeal the judge's decision.