TITUSVILLE, Fla. – A former Titusville police officer charged with manslaughter in the shooting death of a Brevard County man was set to be sentenced on Wednesday, yet the hearing was rescheduled to June due to an apparent issue with the plea. The details of the issue were not disclosed.
Titusville police say Joshua Payne mistook James Lowery, 40, for a domestic violence suspect in the December 2021 shooting. Payne was one of several officers who responded to a 911 call reporting that a man was attacking a woman along South Deleon Avenue.
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Payne claimed Lowery looked similar to the suspect — though it was later determined the man was not even involved — and the officer attempted to question him. Lowery ran away.
Police say Payne pulled out his Taser and his gun and, on accident, pulled both triggers.
Payne made a brief appearance in the courtroom Wednesday. So did Lowery’s family.
“I saw someone who’s going to continue moving on with their life and my brother doesn’t have is,” said Johari Brown, Lowery’s sister.
The Lowery also told reporters what would mean justice to them.
Brown said that would include an adjudication of guilt.
“He will never be able to be a police officer again,” she said. “He will never be able to possess a weapon again. That’s what it looks like for us.”
Judge Tesha Ballou said at Payne’s next court date on June 7, the state and defense will determine what happens in the case next.
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