ORLANDO, Fla. — A federal jury awarded James Lowery’s family $850,000 Tuesday in a civil case stemming from his fatal shooting by a Titusville police officer, according to an attorney representing the family.
Lowery, 40, was killed Dec. 26, 2021, during a foot pursuit by then-Officer Joshua Nathan Payne.
The lawsuit was brought by Lowery’s daughter, Jamiyah Robinson, as personal representative of his estate. It alleged that Payne used excessive force when he shot an unarmed Lowery in the back of the head.
Shooting followed domestic violence call
Payne encountered Lowery while responding to a report of domestic violence. Investigators later determined Lowery was not involved in the incident that prompted the call.
An Oct. 16 filing by the estate’s attorneys outlined facts the parties had agreed upon before trial, including that Lowery was unarmed and that Payne shot him in the back of the head within one second of Lowery going over a fence.
The original complaint also alleged that the Titusville Police Department failed to adequately train officers on foot pursuits and the use of deadly force.
Channel 9 has followed the case since the shooting, including the family’s early calls for answers and transparency.
Former officer pleaded guilty to manslaughter
In the separate criminal case, Payne pleaded guilty to manslaughter in December 2024.
Circuit Judge Curt Jacobus withheld adjudication of guilt and sentenced Payne to five years of supervised probation, according to the 18th Judicial Circuit State Attorney’s Office.
The plea also required permanent revocation of Payne’s law enforcement certification and payment of just over $18,000 for Lowery’s funeral expenses.
Channel 9 previously reported on the family’s objections during an earlier plea proceeding, when relatives sought a formal adjudication of guilt.
Recent filing addressed excessive force claim
Before the civil verdict, the estate’s attorneys asked the federal judge to enter judgment in their favor on the excessive force claim, arguing that agreed facts and earlier court rulings left no legally sufficient defense.
According to the Oct. 16 motion, Payne did not oppose that request because the court’s rulings had limited the evidence and testimony he could present. However, he did not concede that his use of force was excessive and reserved his right to appeal the earlier rulings.
The $850,000 award was reported to Channel 9 by the family’s attorney. A breakdown of the damages was not immediately available.
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