TITUSVILLE, Fla. – Following an investigation by the Florida Department of Law Enforcement, the Brevard-Seminole State Attorney’s office is working to determine whether a Titusville police officer was justified in shooting and killing of a 40-year-old man in December.
The state attorney’s office put out a news release Friday confirming it had received the findings of the FDLE investigation into the death of James Lowery.
“The role of the State Attorney in conducting our review is to determine whether a criminal violation of Florida law has occurred, whether any person may be held criminally responsible, and whether such criminal responsibility can be proven beyond a reasonable doubt in a court of law,” the release stated.
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The state attorney’s office said there is no timeline for when a decision will be made, saying only that it will conduct an “exhaustive inquiry” into the investigation.
“While our long-standing policy is not to offer public comment on open investigations or pending prosecutions, we felt it was important to confirm the review process is moving forward in a careful, thoughtful, and deliberate manner,” the release said.
Lowery was shot and killed on Dec. 26, 2021.
Titusville police officers were called to the 1500 block of Gayle Avenue at 7:20 p.m. for a domestic-related incident involving a woman, who investigators said was violently assaulted by a man.
The department said an officer identified the man when they arrived and pursued him, leading to a struggle that ended when the officer opened fire.
Lowery’s family questions whether police identified the right suspect.
“James don’t have a girlfriend. So why would he be arguing with somebody,” LaQuetha Byrom said.
The family has retained prominent civil rights attorneys Ben Crump and Natalie Jackson who have filed a lawsuit against Titusville police seeking a release of evidence in the case.