A former Titusville police officer who fatally shot a man during a 2021 incident involving mistaken identity will serve five years on probation. The decision follows a plea hearing Friday, where Judge Curt Jacobus withheld adjudication, sparing the ex-officer from being a convicted felon.

Josh Payne, who was searching for a domestic violence suspect matching a similar description, attempted to arrest James Lowery. When Lowery fled, Payne pursued him, leading to a confrontation captured on police body camera footage.

The video revealed Payne holding a Taser in his right hand and a gun in his left, against department policy. Payne discharged both weapons, fatally shooting Lowery in the back of the head.

In his ruling, Judge Jacobus placed significant blame on Payne’s training. Payne addressed the court and Lowery’s family, offering an apology.
“It’s affected me, and I’m deeply apologetic, sorry, that this happened this way,” Payne said.

Lowery’s sister, Johari Brown, expressed her family’s frustration with the outcome:
“To be here, hearing that we’re just going to have probation and maybe not an adjudication of guilt, it doesn’t really sit right with myself or my family,” Brown said. “James Garland Lowery was the following – a brother, a son, a father, an uncle, a cousin, a nephew, a friend, and so much more.”

Civil rights attorney Benjamin Crump, representing Lowery’s family, criticized the sentence, calling it inadequate:
“James Lowery’s life mattered, and achieving justice and accountability for his family matters. A plea of five years’ probation with no adjudication of guilt for an officer who shot a wrongly identified man in the back of the head brings no peace to James Lowery’s family. We will vigorously pursue justice in civil court and significant improvements in training,” Crump stated.

State Attorney Phil Archer also issued a statement acknowledging the tragedy and Payne’s acceptance of responsibility:
“This was a horrific and completely avoidable tragedy. Had Mr. Payne followed his training, he would not have recklessly discharged his firearm killing Mr. Lowery. If the commands to stop and surrender had been followed by Mr. Lowery, he would have survived,” Archer said.

As part of his sentence, Payne must pay over $18,000 in restitution for Lowery’s funeral expenses and relinquish his law enforcement certification, permanently barring him from serving as an officer. Judge Jacobus also prohibited Payne from owning or using firearms during his probation.

While the criminal case concludes, Lowery’s family and their legal team plan to pursue civil action to seek additional accountability and advocate for systemic reforms in law enforcement training to prevent similar tragedies.

Author: titusvillemedia

SpaceCoast Mike is the owner of Falcon Advertising (321falcon.com), a full-service digital marketing agency based in Titusville, Florida. With over 10 years of experience in digital marketing, website design, Google Ads, social media advertising, and AI marketing strategy, he helps Space Coast and Brevard County businesses grow their online presence. He also publishes VisitTitusvilleFL.com and TalkOfTitusville.com, covering Space Coast tourism, NASA launches, and local community news. Raised on the Space Coast, Mike brings a unique combination of local market expertise and advanced digital marketing knowledge to every client he works with.