Former Titusville Police Officer Sentenced to 5 Years Probation for Shooting Man in Back of Head

TITUSVILLE, Fla. – A former police officer who shot a man in the back of the head when, against policy, he fired both his Taser and his gun will spend five years on probation.

Josh Payne was a Titusville officer in 2021 when police said in a case of mistaken identity, Payne, who was looking for a domestic violence suspect with a similar description, tried to arrest James Lowery, who ran from Payne

Police body camera video of the incident showed Payne with a Taser in his right hand and a gun in his left hand.

Since then, Lowery’s family has called to make Payne a convicted felon. However, on Friday during a plea hearing to conclude the manslaughter case, Judge Curt Jacobus withheld adjudication.

“The court will sentence, on this case, five years in probation,” Jacobus said. “Mr. Payne shall not possess, own or use a firearm during the term of this probation.”

Before sentencing, Payne offered an apology to Lowery’s family.

“It’s affected me and I’m deeply apologetic, sorry, that this happened this way,” the former officer said.

Judge Jacobus blamed the death of Lowery on Payne’s training.

Lowery’s sister, Johari Brown, read a statement too.

“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, a uncle, a cousin, a nephew, a friend, and so much more.”

After losing his badge with Titusville police, Payne also turned over his law enforcement certificate which means he can never be an officer again. Payne must also pay over $18,000 for Lowery’s funeral expenses, according to the state attorney’s office.

Civil rights attorney Benjamin Crump, who represented Lowery’s family, issued a statement on Payne’s sentence:

“James Lowery’s life mattered and achieving justice and accountability for his family matters. Clearly, 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, which contributed to this tragedy, as the judge acknowledged.”

Attorney Benjamin Crump

State Attorney Phil Archer also released a statement Friday:

“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.

“With today’s plea, Mr. Payne accepted personal responsibility for his actions. The sentence includes accountability through supervised probation, provides restitution to the family, and ensures he can never return to law enforcement.”

State Attorney Phil Archer