State Attorney Reviewing FDLE Report Regarding Deadly Officer-Involved Shooting in Titusville
By Space Coast Daily // May 6, 2022
State Attorney releases statement
BREVARD COUNTY, FLORIDA – State Attorney’s Office of the 18th Judicial Circuit has confirmed they have received the FDLE report regarding a deadly officer-involved shooting that happened in December.
The following statement was released by State Attorney’s Office:
“In response to recent media reports we can confirm that our office has received the Florida Department of Law Enforcement’s investigative report surrounding the December 26, 2021, use of deadly force by a Titusville police officer resulting in the death of 40-year-old James Lowery.
The role of the State Attorney in conducting our review is to determine whether a criminal violation of Florida law has occurred, whether any person may be held criminally responsible, and whether such criminal responsibility can be proven beyond a reasonable doubt in a court of law.
Our commitment to justice is the fundamental and guiding principal in every such decision.
There is no timeline for completion and our office will conduct an exhaustive inquiry into the information provided by the FDLE, as well as pursue any investigative leads or information uncovered during that process. While the investigation is active and under review information contained within the FDLE reports related to this case is exempt from public record.
While our long-standing policy is not to offer public comment on open investigations or pending prosecutions, we felt it was important to confirm the review process is moving forward in a careful, thoughtful, and deliberate manner.”
The officer-involved shooting happened on the 1500 block of Gayle Avenue on December 26, 2021, after officers responded to the area shortly after 7 p.m. in response to a 911 call that reported a woman was being violently assaulted by a man in the roadway.
“The first officer on the scene spotted a suspect,” said Amy Matthews of the Titusville Police Department. “The suspect initially fled on foot, but then engaged in a physical altercation with the officer. The officer discharged his firearm and the suspect was struck.”
Lowery was pronounced dead at the scene and the Florida Department of Law Enforcement conducted an investigation into the shooting and has now handed it over to the State Attorney’s office for review.
Titusville police officer involved in the shooting, who has not been named, was not injured and has been placed on administrative leave.
Titusville Police Department will complete their Internal Affairs Investigation involving this shooting after the State Attorney’s Office completes their review.