Knoxville — Former Knox County trustee Mike Lowe violated terms of his probation by failing to make restitution payments, but a Knox County judge isn't going to take him into custody.
Knox County Criminal Court Judge Steve Sword issued his order finding Lowe in violation Tuesday after hearing testimony last week. State prosecutors sought to revoke his probation on theft convictions and have him serve prison time.
Lowe, who hired ghost employees and profited when one of them funneled money to him while he was in office, pleaded guilty in 2015 to stealing $200,000 in taxpayer money. He served a brief term in jail, with the balance of his time to be spent on probation so long as he complied with a restitution schedule.
Lowe was paying $1,850 a month but fell behind last summer. A violation of probation was issued and Lowe was arrested. He posted a cash bond of $13,450 in March to catch up on his obligation.
Lowe also began making payments again. According to the Knox County Criminal Court Clerk's Office, he's now current.
Sword noted bank records showed that during most of the time when Lowe failed to make his minimum payments that he had sufficient deposits to cover restitution.
"There were multiple withdraws to cover credit card debts each of those months that frequently brought his balance below the minimum restitution amount," Sword's order states. "There are also a few unexplained cash deposits into this account totaling $6,000 over this period."
The judge wrote it's rare to justify imprisonment when someone falls behind on restitution.
Lowe took a job created for him performing rent collection on behalf of Trevor Madden.
Based on testimony and proof at hand, there's no reason to think Lowe can't make enough money to cover his minimum monthly restitution.
This is Lowe's first probation violation, the judge noted. Prison isn't the only option to deal with him, Sword said.
In this case, revocation isn't required, Sword wrote.
"The normal response to violations such as the defendants in all other cases is to give that particular defendant additional time to show that they can and will make the required restitution payments.
"The court will treat this defendant the same as similarly situated defendants."
Sword ruled he would extend probation for Lowe an additional eight months, to November 2025.
