Two of the men that were arrested in an April 27 incident at a west Kissimmee Target have had the charges against them dropped, the office of State Attorney Monique Worrell announced Thursday.
In a release, Worrell's office revealed it had filed a 'No Information Notice' regarding petit theft charges against Michael Gomez and Joseph Lowe, calling the case against them, "not suitable for prosecution."
This action also clears their records in this case, the State Attorney said.
Gomez, 18, and Lowe, 19, were accused of stealing a frozen pizza and Pokemon cards from the Target store. A loss prevention officer inside the store said he saw the actions unfolding inside the store and alerted an Osceola County Sheriff's Deputy. The agency had a unit in the store's parking lot conducting training in tactical gear, Sheriff Marcos Lopez said of the incident, and responded as soon as the two got into a black Audi driven by Jayden Baez, 20. Lopez, at the time, said none of the initial deputies on scene were equipped with body cameras.
Deputy reports later released told of a narrative that Baez attempted to ram their police vehicles and run over another detective standing in the parking lot, and that he was found to be armed with an unlicensed firearm. Deputies shot him through the windshield; he later died at the hospital from his injuries. Lowe was shot multiple times in the hands, and reportedly is still suffering paralysis in both hands.
Lopez, did not identify the deputies involved at the time, and turned the matter's investigation over to the Florida Department of Law Enforcement -- who still hasn't returned findings after over two months.
Friday morning, Lopez issued a statement on the matter.
"I have learned the charges against Joseph Lowe and Michael Gomez have been dropped due to representatives of Target no longer wanting to pursue charges. We respect their decision not to move forward with the criminal justice process. However, the Osceola County Sheriff’s Office remains committed to responding, investigating, and holding all individuals who commit crime responsible for their actions," the statement read.
The following week, Mark Nejame and Albert Yonfa, of NeJame Law, wrongful death attorneys representing Baez, Lowe and their families, said they were preparing for a "multi-million dollar lawsuit to be filed against the Osceola County Sheriff’s Department, Osceola County, and all those individuals and entities responsible for this grotesque misuse of police authority and use of unnecessary and excessive force.”
