Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Strike struck

Burglar gets lesser sentence while prosecutor argues for more

Kenny Allen Lowary
Kenny Allen Lowary

A superior court judge gave a man he described as a “career criminal” a compromise sentence of 24 years in state prison today, May 18.

Probation officers had suggested that a term of 36 years to life was appropriate for Kenny Allen Lowary, now 40, who already had two “strike” convictions on his record when he was convicted of his third residential burglary two months ago, at the conclusion of a trial in March.

Sponsored
Sponsored
Richard Monroy

Judge Richard Monroy concurred with statements made by the defense attorney when he told Lowary, “I agree that you are not a violent person.” And the judge chose to set aside consideration of Lowary’s first felony conviction, this judicial move is known as “striking the strike” in legal slang.

“The district attorney is right, I started at a young age,” Lowary said to the judge before his sentence was announced. “A career criminal. Being through all that and everything, I never got a chance to learn the coping skills of living a normal life. I started to learn that when I got out and I got married. I always have asked for help. And I am very sorry for everything that I have put Mrs. Russo through. Sorry. Sorry. That’s it.”

Prosecutor Landy Spencer-Daly asked for a greater sentence. She told the judge that Lowary first entered the justice system at the age of 13, when he committed vandalism and graffiti. Lowary was using meth at 14, and by 16 years of age he was committing auto thefts, the prosecutor said.

When Lowary was in his early 20s he was part of a crew that entered homes and stole goods and cars from those homes; the prosecutor gave the example of a time when the homeowner came out at 5 a.m. and found Lowary under his Christmas tree with a woman’s purse in his hands.

The prosecutor protested that Lowary had a chance to reform when he got out of prison, but instead he got caught with the materials to make counterfeit money and a loaded gun. And while Lowary was out on bail in that case, he committed his most recent burglary, in August 2013, the prosecutor said.

Lowary admitted using heroin that same morning that he was caught burglarizing a home in Carlsbad, and the prosecutor wondered aloud what would have happened if the elderly lady victim had walked into her home while the burglar was still in there. The prosecutor declared “the potential for danger in that is extremely high.”

Judge Monroy counted up Lowary’s actual days in custody, 609, adding 608 days’ credit for “good behavior” and concluded the felon had 1217 days’ total custody credit so far.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Older wheelchair wheels cause of MTS crossing death?

Sometimes you can't beat the trolley
Next Article

Switchfoot BRO-AM Beach Fest, Uptown Rhythm Makers, Cobby Brzeski, Chest Fever, Elvin Bishop

Fests, tributes, and more in Encinitas, Balboa Park, Bankers Hill, Little Italy, Solana Beach
Kenny Allen Lowary
Kenny Allen Lowary

A superior court judge gave a man he described as a “career criminal” a compromise sentence of 24 years in state prison today, May 18.

Probation officers had suggested that a term of 36 years to life was appropriate for Kenny Allen Lowary, now 40, who already had two “strike” convictions on his record when he was convicted of his third residential burglary two months ago, at the conclusion of a trial in March.

Sponsored
Sponsored
Richard Monroy

Judge Richard Monroy concurred with statements made by the defense attorney when he told Lowary, “I agree that you are not a violent person.” And the judge chose to set aside consideration of Lowary’s first felony conviction, this judicial move is known as “striking the strike” in legal slang.

“The district attorney is right, I started at a young age,” Lowary said to the judge before his sentence was announced. “A career criminal. Being through all that and everything, I never got a chance to learn the coping skills of living a normal life. I started to learn that when I got out and I got married. I always have asked for help. And I am very sorry for everything that I have put Mrs. Russo through. Sorry. Sorry. That’s it.”

Prosecutor Landy Spencer-Daly asked for a greater sentence. She told the judge that Lowary first entered the justice system at the age of 13, when he committed vandalism and graffiti. Lowary was using meth at 14, and by 16 years of age he was committing auto thefts, the prosecutor said.

When Lowary was in his early 20s he was part of a crew that entered homes and stole goods and cars from those homes; the prosecutor gave the example of a time when the homeowner came out at 5 a.m. and found Lowary under his Christmas tree with a woman’s purse in his hands.

The prosecutor protested that Lowary had a chance to reform when he got out of prison, but instead he got caught with the materials to make counterfeit money and a loaded gun. And while Lowary was out on bail in that case, he committed his most recent burglary, in August 2013, the prosecutor said.

Lowary admitted using heroin that same morning that he was caught burglarizing a home in Carlsbad, and the prosecutor wondered aloud what would have happened if the elderly lady victim had walked into her home while the burglar was still in there. The prosecutor declared “the potential for danger in that is extremely high.”

Judge Monroy counted up Lowary’s actual days in custody, 609, adding 608 days’ credit for “good behavior” and concluded the felon had 1217 days’ total custody credit so far.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Western azalea blooms in the higher mountains, elderberry decorates Tecolote Canyon

Earliest sunrise occurs on June 11
Next Article

Melt-Banana and Babybaby Explores, George Geary: Made in California, Full Moon Hike: Mount Woodson Potato Chip Rock

Events June 20-June 21, 2024
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.