Dec. 26, 2024, will mark three years since James Lowery, a Black man, was fatally shot in the back of the head after being mistaken for a domestic violence suspect by a Titusville, Florida, policeman. On Friday (Dec. 6), it was revealed during a plea hearing that former officer Joshua Payne had been shown favor by the court and sentenced to five years of probation in connection with the killing.
Hours before the court appearance, civil rights attorney Ben Crump described the slain man, 40, as a “devoted father and son whose life was unjustly taken,” adding that “his loved ones deserve to see accountability for his death.” Judge Curt Jacobus spared the ex-law enforcement member from being labeled a felon by withholding adjudication, a sentencing option that bypasses a manslaughter conviction, for which he was charged, but does not assume Payne’s innocence. He faced up to 15 years in prison if found guilty.
Payne was expected to accept a plea in April. For Johari Brown, the beloved father’s sister, justice would mean an adjudication of guilt. “He will never be able to be a police officer again. He will never be able to possess a weapon again. That’s what it looks like for us,” she told local news station WKMG 6. At that time, a trial date had been set for June 7.
The night of the shooting, officers were searching for a suspect when they encountered three separate men, one of whom was Lowery. When bodycam footage was released to the public in 2022, Lowery was seen attempting to run from the cops. Payne ordered him to stop multiple times while holding a Taser in one hand and a gun in the other, which he brandished after believing he saw Lowery reach into his pocket. Lowery managed to jump a fence despite Payne grabbing at him. Soon after, he was struck in the back of the head by a single bullet and died at the scene.
“Hands down, our instructions are phenomenal at what they do. If training was followed, this wouldn’t have happened,” said police Chief John Lau. An internal investigation into the shooting determined that the weapon was likely discharged on accident as the officer followed Lowery over the fence. “At no time does our training allow a gun in one hand and a Taser in the other,” said the department. Payne resigned when he was charged.