OCEANSIDE — Two brothers, one accused of a brutal bar assault and the other an older sibling who claims he’s the one who committed the crime, were in a San Diego Superior Court on June 20 for reasons relating to their involvement in a 2006 bar fight.
Judge Daniel Goldstein released Scott Lowder after the 39-year-old had spent 11 days in jail for a bench warrant issued after he failed to appear as a court-ordered witness for his younger brother, Ryan Lowder. The younger Lowder appeared before Judge Timothy Casserly prior to his brother’s hearing for an attorney change.
Deputy District Attorney Fanny Yu and Ryan Lowder’s new attorney, Rick Layon, argued that Scott Lowder should remain in custody in lieu of bail due to his invaluable significance to the case and his propensity for failing to appear. However, Goldstein said while it was a tough decision to release the elder Lowder, he believed because of his criminal record and his importance to his brother’s case that he didn’t think he’d be difficult to locate if he didn’t appear for future court dates.
According to court documents, Scott Lowder has admitted to his family and authorities that he is the one who stabbed Jack Howard on the evening of Dec. 29, 2006, after the two got into a fight outside of a pub in the 200 block of Airport Road in Oceanside.
“I’m coming forward now due to the fact that they have the wrong person charged with this incident,” wrote Scott Lowder in a January confession letter to authorities. “Me and Ryan look a lot a like and the alleged victim seemed very intoxicated.”
He went on to write: “My perception was that I was faced with a very serious harm upon my person at the time. I used self-defense and I feel it was reasonable and justified.”
At a preliminary hearing last June, the victim, Jack Howard, identified Ryan Lowder as the man he had a brief confrontation with inside the pub, and who stabbed him minutes later after a melee ensued outside the bar.
As a result of the assault, Howard said he had to have his spleen removed.
Ryan Lowder, 23, is charged with assault with a deadly weapon and battery — with both charges carrying the enhancement of causing great bodily injury — as well as one count of brandishing a knife. He faces up to seven years in prison if convicted.
No criminal charges have been filed against Scott Lowder.
Yu said because of an ongoing investigation into Scott Lowder’s statements she couldn’t comment further on the case.
A Sept. 2 trial date is set for Ryan Lowder, at which time his brother is expected to testify.

