Today (Jun 1), Titusville Police Officer Joshua PAYNE was arrested on a charge of Manslaughter (F2) in connection to the use of deadly force resulting in the death of James Lowery (40), on December 26, 2021.

PAYNE surrendered at the Brevard County Jail this morning and was scheduled to post a $15,000 Bond.

PAYNE was one of several officers that responded to 9-11 calls of a male attacking a female in the roadway of S. Deleon Avenue. PAYNE observed Lowery, whose appearance was similar to that of the suspect (it was later determined Lowery was not involved) and attempted to stop him for questioning. Lowery fled on foot refusing commands to stop and discarding a bag of narcotics. PAYNE utilized his taser to no effect as Lowery broke free and scaled a nearby fence. PAYNE then drew his firearm and while holding both weapons attempted to scale the same fence, firing a single shot that struck and killed Lowery. The Brevard Medical Examiner ruled the manner of death a homicide.

The Florida Department of Law Enforcement investigated the use of deadly force by PAYNE and submitted their investigative findings as announced on May 6, 2022. After a thorough review by prosecutors, State Attorney Archer directed the filing of the Manslaughter charge, resulting in today's arrest.

Manslaughter is the killing of a human being by an act, procurement, or gross culpable negligence, without lawful justification. This includes recklessness or lack of care when handling a dangerous weapon. The statute can also be proven if the defendant used excessive force during self-defense, or defense of another.

No trial date has been set in this case. Please consult the Brevard Clerk of Courts website for updates on future court appearances by this defendant.

Public Records

The redacted FDLE Capias Affidavit is available below. Additional records will become available upon completion of the Discovery process in this case.