TITUSVILLE, Fla. — Newly released body camera footage shows the moments leading up the deadly shooting of a man by a former Titusville police officer.

James Lowery, 40, was shot and killed by officer Joshua Payne on the night of Dec. 26, 2021, during his response to a domestic violence call.


What You Need To Know

  • Newly released body camera footage shows the moments leading up the deadly shooting of a man by a former Titusville police officer

  • James Lowery, 40, was shot and killed by officer Joshua Payne on the night of Dec. 26, 2021, during his response to a domestic violence call

  • On the day he was arrested on manslaughter charges, Payne resigned and is no longer with Titusville Police Department
  • His arraignment is set for July 7

“We are still grieving,” said Lowery’s sister, Johari Brown, adding that it shouldn't have taken so long for the footage to be released. 

“The body cam showed exactly what we thought it would — that my brother was unjustifiably shot and killed,” she said.

Police say a description and name of the domestic violence suspect was broadcast on the radio as officers hurried to the scene.

Two possible suspects were stopped by other officers and released after providing their identity.

Payne’s body cam footage shows him encountering a third suspect matching the description, but that man, later identified as Lowery, took off running for several blocks.

Payne tried several times to stop him with his Taser, but when the suspect reached into his pants, the officer drew his firearm while still holding the Taser.

“When you are in a dark area and someone is reaching in their pockets and they are not following lawful orders, it is an extremely heightened and dangerous situation,” said TPD Chief John Lau.

Investigators say Lowery grabbed at Payne, before jumping over a fence.

Payne was holding his weapon in one hand and Taser in the other, and the gun fired one shot, striking Lowery in the head.

He died on the scene.

Although Lowery matched the description of the domestic violence suspect, it was later revealed he was not involved in the incident and may have run because he had drugs on him.​

Investigators accused Payne of violating department policy by holding a Taser in one hand and his firearm in the other.

Officials said the believe Payne accidentally fired his weapon and didn't mean to use deadly force.

“And you can train and train,” said Chief Lau. “Hands down, our instructors are phenomenal at what they do. If training was followed, this wouldn’t have happened.”

“The video reopens the wound, because from day one, my family has held our position, and it’s been the same, that the suspect you were looking for was not my brother,” said Brown.

On the day he was arrested on manslaughter charges, Payne resigned and is no longer with Titusville Police Department.

His arraignment is set for July 7.