Judge refuses civil restraining order against Lucas

Criminal charge still pending; more details emerge

by Andrew Batten and Mike Parks

HUNTERSVILLE – Though Commissioner Ken Lucas still faces a criminal charge of assaulting his wife, a judge has refused to issue a restraining order against Lucas in a separate civil action.

During a hearing Friday, Jan. 28, District Court Judge Sean Smith refused Angela Lucas’ request for a civil restraining order against her husband, saying he didn’t see enough evidence to warrant the order barring Ken Lucas from the couple’s home on Glen Miro Drive.

According to court records, Angela Lucas requested a civil protection order on Jan. 16, the same day she said her husband threw her against the wooden arm of a love seat, bloodying her nose. Angela Lucas asked the judge to evict Ken Lucas and give her possession of the home and custody of their 9-year-old son.

But Judge Smith told The Herald Weekly he did not find “sufficient grounds during the hearing to support the entry of a domestic violence protective order through credible and coherent testimony and evidence.”

In a statement issued Saturday, Jan. 29, Ken Lucas’ attorney, Allen Brotherton, said the two-term commissioner had been “cleared of domestic violence allegations.”

However, the District Attorney’s website shows Lucas still faces a misdemeanor criminal charge of assault on a female and has a March 15 hearing in criminal court. Huntersville Police Lt. Ken Richardson said his department has not been notified of the charge being dismissed.

Ken Lucas declined to comment further, and Brotherton did not return calls. Angela Lucas also did not return calls, and her attorney, Mo Idlibi, could not be reached.

Last week, Brotherton said Angela Lucas’ allegations were false and intended to give her leverage in any divorce proceedings.

According to an arrest warrant filed the day of the incident, Angela Lucas, 43, said she and Ken Lucas had been arguing about Ken Lucas’ “anger and prior physical and emotion(al) abuse” and if the couple should divorce.

She said he agreed to the split and reached out to shake his wife’s hand. When she took his hand, “Ken threw me across the living room causing me to hit my face on the frame of the love seat causing bleeding from my nose, resulting in a temporary daze and contusion.”

Angela Lucas went to Presbyterian Hospital Huntersville following the incident.

Ken Lucas, 39, turned himself in to the Mecklenburg County Magistrate the next day. He was released from the Mecklenburg County jail on an unsecured bond.

In the warrant, Angela Lucas listed six dates beginning in 2008 when she contends her husband abused her. The warrant did not give details of what Angela Lucas contends happened each time. Angela Lucas said she was afraid of her husband causing more harm to her and their 9-year-old son.

“Ken is an elected official, and I know he will be very, very angry about me pressing charges and filing a divorce,” she said in the warrant. “He believes I am not being an obedient Christian wife.”

In Brotherton’s Saturday, Jan. 29, press release, the lawyer said he believes the charge against Ken Lucas “is on life support.”

“We are optimistic that once the district attorney reviews all the evidence, the remaining aspects of the case will be dismissed,” Brotherton said.

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