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[On the above date and time, Titusville Police Department (TPD) Officer Joshua Payne attempted to
Istop James Lowery who matched the description of a suspect of a battery domestic violence
lcomplaint. Lowery walked away from Officer Payne which led to a foot pursuit. Officer Payne
|discharged the first cartridge from his Taser at the fleeing Lowery. The Taser was ineffective and
the foot pursuit continued. Officer Payne used his radio to inform TPD dispatch and other officers
hat he was in a foot pursuit. Officer Payne deployed the second cartridge from his Taser and it was.
lagain ineffective. Lowery approached a gate to a residence where he turned and faced Officer
IPayne. Officer Payne gave commands to Lowery, “ drop it, drop it, get down.” Lowery removed
Jan object from his pocket and threw it over a fence. The object was later found to be a small red
bag containing illicit narcotics. Officer Payne drew his firearm with his left hand from the holster and
[continued to hold his taser in his right hand.
{Continued on next page...
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[Officer Payne continued to give Lowery commands, “ get down.” Lowery tumed, took a step to
the gate and climbed over. Officer Payne approached the gate with his firearm in his left hand and
his Taser in his right hand. Lowery was on the opposite side of the gate as Officer Payne. Evidence
lsupports that Officer Payne simultaneously pulls the trigger of his Taser and his firearm. Officer
|Payne fired a single gunshot striking Lowery in the back of his head and killing him. There were no
weapons found on Lowery or in his vicinity.
[Brevard County Medical Examiner's autopsy report. Medical Examiner Sajid Qaiser, MD, reported
[that the cause of death for James Lowery was due to gunshot wound of head. The manner of death
was listed as a homicide.
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