Charges Dropped Against Board-and-Care Operator

A court ruling forced prosecutors to seek dismissal Thursday of misdemeanor charges against the Rev. Kenneth Lowe, whose battles with county officials over his four unlicensed board-and-care homes led to their closure in the last two years.

Lowe’s attorney, Larry B. Bruce of Huntington Beach, said dismissal of the charges should wrap up the last of a long list of court-related problems for Lowe.

“He is very, very pleased about it,” Bruce said.

Lowe was charged with violating the state fire code by having more than six people in a house that was not adequately designed as a board-and-care facility.

But South Municipal Judge Pamela L. Iles agreed with Bruce that a search warrant permitting a state inspection of Lowe’s El Toro facility did not cover a search by the county fire marshal’s office. Without that evidence, prosecutors had to dismiss the charges.

If convicted of the misdemeanor, Lowe could have faced six months in jail and a $500 fine.

Lowe spent 16 days in Orange County Jail two years ago after he was found in contempt of court for violating a court order to shut down his unlicensed board-and-care facilities. Lowe was sentenced to 230 days, but Superior Court Judge Judith M. Ryan ordered his release after he refused to eat. In exchange for his release, Lowe agreed to perform 780 hours of community service.

The day after his release, Bruce said, his El Toro board-and-care facility was inspected. “Officials were pretty angry about his getting out of jail,” Bruce said.

The El Toro facility, the last of the four board-and-care homes, was shut down almost a year ago when state investigators with a court order moved nine elderly residents to licensed facilities.

Bruce said Lowe, a mail-order minister, continues to preach for a living. But he added that to his knowledge, Lowe is no longer in the board-and-care home business. Bruce said that Lowe moved away from Orange County and that he did not know his address.