‘We just want justice’: sentencing in James Lowery murder case delayed until June

TITUSVILLE, Fla. — It was an emotional day for the family and friends of James Lowery. They came to the Titusville Courthouse in Brevard County expecting closure but now they’ll have to wait for more than a month for the next chapter in the legal battle.

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It’s been almost three years since the day James Lowery was killed.

The incident happened the day after Christmas in 2021. Titusville police said at the time, Lowery was involved in a fight with a police officer who was responding to a domestic violence call.

Body camera video shows the interaction between the officer and Lowery.

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That police officer was later identified as Joshua Payne. In June 2022, the Titusville police announced they had completed their investigation, confirming Officer Payne shot and killed Lowery.

They also said the officer had violated department policy because he was holding his Taser in one hand and a gun in the other.

On Wednesday, Lowery’s family packed courtroom 4 at the Titusville Courthouse, hoping for the case to be done because Payne was supposed to take a plea deal. “It did not happen because there was some dispute over whether or not he would be adjudicated guilty of the crime of manslaughter,” said Natalie Jackson, Lowery’s Family Attorney. “Even though the family traveled from Detroit and South Carolina to be here today, the plea did not happen.”

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Because the plea deal did not include making the former officer a convicted felon, Payne would be on probation but could still potentially be a police officer in the future, according to Lowery’s Family lawyer.

Something the Lowery family doesn’t agree with. “We just want justice,” said Johary Brown, James Lowery’s sister. “An adjudication of guilt. He would never be able to be a police officer again. He would never be able to possess a weapon again. That’s what justice looks like for us.”

This case is going to trial, which is scheduled for June 7th. Joshua Payne could be sentenced to up to 15 years behind bars if found guilty. However, there could be a plea deal before then if the State Attorney and the defense team agree on that convicted felon clause

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