On December 26, 2021, James Lowery fled from Officer Joshua Payne who had arrived to the scene of a domestic battery complaint, in Titusville, Florida.
The Florida Department of Law Enforcement reported that the officer attempted to stop Lowery, but the 40-year-old man was able to get away. Payne is said to have shot Lowery twice with his taser, but it had no impact on him.
Lowery is accused of stopping near a home and supposedly chunking a package of narcotics over the fence. Authorities then say that Lowery was demanded to get down as he went over a fence to get away.
Payne then shot his taser and his gun, striking Lowery in the head. He later died from his injuries. No weapon was ever located on or close to him.
Documents note that Lowery’s description was similar to the man that police were searching for. However, he wasn’t the person who had viciously hit a woman. Therefore, Attorney Ben Crump says that the officer shot the wrong man.
Now, action has been taken after an internal investigation. On Wednesday, Payne, 29, surrendered to police and was arrested for manslaughter at the Brevard County Jail. He has since bonded out.
” A shot to the back of the head, that is unjustified. You can’t justify shooting a man in the back of the head as he is running away from you, ” Crump added. He also stated that reports had indicated that there was a struggle between Payne and Lowery which Crump says is a “lie.” He is demanding to review body cam footage of the incident.
The state’s attorney is planning to have discussions with Lowery’s family.
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