A federal jury in Florida has awarded $875,000 in damages to the family of a Titusville man who was fatally shot by a police officer in 2021, according to a report published October 21, 2026, by Florida Today. The case was handled by other attorneys — it is not a Tacher Law case.

What Was Reported

According to Florida Today, James Lowery, 40, of Titusville, was killed on December 26, 2021, during a foot chase by then-Titusville police officer Joshua Nathan Payne. The shooting was later determined to be a case of mistaken identity. Lowery’s family filed a federal civil lawsuit in 2025 against the City of Titusville, represented by attorney Benjamin Crump and several other attorneys.

The award was handed down on Tuesday, October 20, 2026, following a two-day trial in the U.S. District Court for the Middle District of Florida, before Judge Paul Byron. The court directed a verdict on liability — meaning the judge ruled that liability was established as a matter of law — and the jury then decided the amount of damages: $875,000. Attorneys for Lowery’s daughter, Jamiyah Robinson, called the result an important measure of justice and accountability for the family.

Florida Today also reported that Payne was arrested in 2022 and charged with manslaughter, later pleaded guilty under a plea agreement, and was sentenced to five years of supervised probation, with his police certificate revoked. Then-Brevard State Attorney Phil Archer said Payne recklessly discharged his firearm and failed to follow officer training. The City of Titusville has the right to appeal the civil award, and the family’s attorneys have urged the city not to appeal. Source: Florida Today, October 21, 2026.

What a Verdict Like This Does — and Does Not — Mean

A jury award is a decision, not a payment. A defendant city can appeal, as Titusville may here, and post-trial proceedings can change what is ultimately collected. When the defendant is a Florida city or agency, state-law claims also face sovereign-immunity limits and strict pre-suit written-notice deadlines, and amounts above the statutory caps generally require a legislative claim bill. That is one reason a headline figure and the amount a family finally receives can differ.

Florida wrongful death claims are brought by the personal representative of the estate on behalf of the survivors and the estate under the Florida Wrongful Death Act, and they are generally subject to a two-year filing deadline. Evidence also matters early: in this case, Florida Today reported that body-camera footage was not released for months, a reminder of why families should move quickly to identify and preserve records, video, and witness accounts. As general background, Florida negligence claims follow modified comparative negligence — recovery is reduced by the injured person’s percentage of fault and barred entirely if that person is more than 50% at fault — while medical malpractice claims are the exception and still follow pure comparative negligence under Chapter 766.

Disclaimer: This report concerns a case involving other parties, handled by other law firms. It is news reporting and general information, not legal advice about any specific situation. Past results in other cases do not guarantee a similar outcome in any other case.

If your family has lost a loved one through negligence in South Florida, Tacher Law can review what happened. Call us at +1 (305) 644-2211 for a free consultation, or reach us through our contact page.

Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160. Phone: +1 (305) 644-2211. Free consultation.