Mark NeJame says he plans to file against Lopez, OCSO as well
The lawyers for the family of a 20-year-old shot and killed in a Target store parking lot in April 2022 have filed a civil lawsuit that names Target as liable and responsible for the victim’s death and the injuries of others involved.
Tuesday, Orlando attorney NeJame announced Sheriff Marcos Lopez and the Osceola County Sheriff’s Office would also be named in a suit, but Osceola County court documents do not show a case yet.
The case naming Target as a defendant asks for $50,000 in damages plus attorneys’ fees.
An April 27, 2022 incident outside the Target store on west U.S. Highway 192 started out as a shoplifting arrest and ended with Jayden Baez shot and killed by Sheriff’s deputies. Another passenger was left with injured hands, and the police agency fell under intense scrutiny.
Deputies, who Sheriff Marcos Lopez said were conducting an unrelated exercise in another part of the parking lot, responded when a store loss prevention agent notified police that two males shoplifted a pizza and Pokemon cards and twere observed getting into an Audi. When trying to stop the vehicle to apprehend the suspects, reports told a story, and video later shared confirmed, the Audi tried to leave the parking lot, unmarked police cars with lights on boxed it in, and during the melee at least one deputy shot into the car. Driver Jayden Baez was killed.
In the days after, Orlando attorney Mark NeJame spoke about filing a “multi-million dollar lawsuit”. He doubled down on the topic, and why it’s being done, during a Tuesday afternoon press conference.
“We’re in this for justice,” he said. “Police loudly fired a hail of bullets, (Baez) put up hands to tell them to stop shooting, and another guy (Michael Gomez) got shot in the back. The actions continue to be supported by Sheriff Lopez in his statements.”
Since the incident, Lopez has remained steadfast in not sharing any details, instead leaning on FDLE report to do an “independent, unbiased audit of my deputies’ actions.”
The Sheriff’s Office released a brief statement in response Tuesday afternoon, noting it is still waiting for the State Attorney’s Office to decide if the two deputies were justified in firing their weapons in the incident.
“It has been more than a year since the shooting took place. While on scene at the shooting, Sheriff Lopez requested the Florida Department of Law Enforcement (FDLE) to do an independent review into the actions of the deputies. FDLE completed that investigation more than 8 months ago,” the statement said. “The Sheriff’s Office is looking forward to the completion of State Attorney’s review so all parties can gain some closure regarding this incident.
The suit alleges Target knew the Sheriff’s Office was conducting tactical training in the store parking lot, and its employees, “cooperated and colluded with the Sheriff’s Office decision to allow Plaintiffs, (Gomez and James Lowe, who both had charges dropped against them) to leave the store and be used as subjects for their training exercises … Defendant through its employees and/or agents knew of the plan to use Plaintiffs as test subjects for their exercise on their premises … Defendant through its employees and/or agents fully partook in the exercise to use Plaintiffs as test subjects.”
NeJame said it was an out-of-line response to the theft of $46.14 in Pokemon cards and a pizza.
“That Target would use their own customers and civilians as guinea pig experiments is outrageous, that Target allowed them to be on the property to conduct training exercises,” he said, noting the Sheriff’s Office has a no-chase policy in misdemeanor cases.
NeJame’s legal partner, Alfred Yonfa, said this has been, “An egregious case to begin with.”
“The amount of force used here is not isolated, Lopez has fostered and maintained a policy of supporting these actions," Yonfa said. "Those caused this incident of excessive violence,”
He noted that, in a May 8, 2022 report, Target did not want to prosecute for this, but a deputy’s report filed May 9 contradicted that. “Our information was that it was not written by or signed by the deputy — a falsification of reports,” Yonfa said. “If that’s the case, we can’t believe any of the reports filed in this case.” (Note: the News-Gazette has yet to verify these claims made by attorneys.)
Alejandro Baez, Baez’ father, appeared with the attorneys Tuesday and praised the State Attorney’s office for its attempt to seek justice.
“We need to hold those who did what they did to my son accountable for what they did. It’s wrong,” he said. “I want justice for my son and the victims. I hope and pray the good cops to do what they can to push out the bad apples, because they’re not all bad.
“The truth has to come out. It’s been hard (since the April incident). Life has not been easy without my son. It’s not something I’d want any parent to go through … for Pokemon cards and pizza? If the Governor or Lopez were in my shoes, would they still feel the same?”
NeJame tied this into the investigation into a Sheriff's Office chase in February 2022 that led to a fire and severe burns to a suspect at a Wawa gas station.
“You can’t go around justifying violence and doing wrong by the public and victims because of bad apples there,” NeJame said. “We have a significant amount of information we’re acquiring. We want more."
