While he still did not give any details of the actions of at least two deputies who fired their guns during an incident at a Target store last Wednesday – leaving that for an ongoing Florida Department of Law Enforcement investigation – Osceola County Sheriff Marcos Lopez shared the results of his agency’s investigation of the actions of occupants of a suspicious vehicle, two who went into the store and stole items, and the driver who was shot and killed.
Deputy reports released tell a narrative of a driver who attempted to ram their police vehicles and run over another detective standing in the parking lot.
Monday evening, the Sheriff ’s Office released video footage from the Target, which shows the stop being made.
Lopez has been steadfast in the nearly two weeks since the incident he would not be sharing any details of his deputies’ actions – FDLE would do that, and release a report, which can take as long as 90 days to complete.
“Agents from FDLE are doing an independent, unbiased audit of my deputies’ actions … I’m not involved in that in any way. I await their findings, just like all of you,” he said at a Monday press conference. “I look forward to the completion of the investigation, and I will comment at that time.”
He said his transparency and integrity have been questioned.
“I believe the citizens of Osceola County recognize turning the investigation over to a neutral agency is the best method to be transparent and accountable,” he said. “Not commenting until the investigation is complete is not only reasonable, but appropriate. The process ensures citizens are provided with credible information.
“It is unfair to me that some of the media did not want to wait for credible information. There has been misinformation published, provided by people with potential financial motivation and obvious goals to talk quickly and loudly before the facts are established.”
While he abruptly left Monday’s press conference answering few questions outside his prepared statement, he may have been referring to statements made last week by attorneys Mark NeJame and Albert Yonfa, who represent Joseph Lowe, 19, who was charged with petit theft in the incident, and Jayden Baez, 20, the driver of an Audi involved in the incident, who was shot, presumably by Sheriff ’s deputies, and died that night of the gunshot wounds.
Lopez did go into detail of four suspects in the Target incident, who were in the Audi. Among his details, based on deputy testimony and evidence from the scene:
Several detectives were in the area on prescheduled training, and two detectives were in the Target parking lot and notice suspicious behavior: an Audi with its license tag concealed, and backing into a handicapped parking space. Two males exited the car, pulled masks and hoodies over their faces and entered the store – later identified as Lowe and Michael Gomez, 18. Baez was identified as the driver, and an unnamed juvenile was in the back seat, who Sheriff ’s officials said would not face charges in this incident.
At that point the training was concluded, Lopez said, and detectives were instructed to “Gear up” – put on tactical gear with “Sheriff ” prominent, and respond. A loss prevention officer watched Lowe and Gomez conceal merchandise, walk from the store without paying, and alerted the detectives, who observed the suspects get into the Audi.
When the Audi attempted to leave, unmarked cars with standard-issue red and blue lights attempted to block it in, which detectives exited in marked gear and commanded the driver, Baez, to stop. Lopez said he responded by accelerating,ramming at least four detective vehicles – Lopez showed pictures Monday — and driving toward a detective on foot who “feared for his life.”
When Baez was pulled from the Audi, Lopez said a gun, with live rounds, fell from his lap onto the ground — there’s no timeline yet as to whether Baez was shot before or after this occurred, and since the detectives were in tactical gear – which Lopez said has no body cameras — rather than patrol gear, no incident footage exists.
Lopez reported Monday – and county court records corroborate – the Baez had prior charges for battery, burglary, escape during transport and violation of parole, but records show most charges weren’t prosecuted.
Around 6 p.m. Monday, the Sheriff ’s Office released video from the Target store. It shows a person get into a car with a bag, Sheriff ’s vehicles descend and box it in, then the car rams at least two vehicles while leaving the parking space. Seconds later, a suspect is shown getting taken down.
Over the next minutes, he is taken into custody, along with two others. A fourth is taken to the ground and stays there for several minutes, then deputies begin what look like chest compressions, which last about four minutes before what look like paramedics come in to assist, and later take the suspect away on a stretcher. The area then gets surrounded by crime scene tape, which stayed up for hours into the morning of the 28th.
The video has no sound, and a tree blocks some of the interaction between police and the suspects.
In a video released Friday by the law firm representing him, Lowe is shown in the hospital with both hands wrapped, saying he was shot in those hands; NeJame said last week one of Lowe’s fingers was shot off.
“They didn’t say, ‘Hey, freeze!’ or any of that,” Lowe said in the video. “Then in not even half a second, they start shooting into the car,” Joseph Lowe said. “I put my hands up and got shot six times.”
During a Tuesday conference to respond to the Sheriff ’s “questionable” press conference that he said was “riddled with falsehoods,” NeJame asserted the video the department released Monday evening telling a different story including:
None of the survivors heard deputies yell “Stop” until after the fact; Sheriff ’s unmarked vehicles didn’t turn on emergency lights until after the takedown started; that those vehicles struck the Audi to cause the damage and not the other way around; not all the responders were wearing tactical gear.
“They can’t have it both ways. They were either lying then or lying now. These are the facts, we didn’t manipulate them.”
NeJame said his office is now representing all four occupants of the Audi and their families, including Gomez, who they say was shot three times, including once in the back when getting into the car after leaving the store.
“We need answers. This is insanity,” he said. “They are in a fishbowl. They are sitting ducks of the Sheriff ’s Department over $46.26 of items. They were used as live guinea pigs,” NeJame said.
“The Sheriff has plenty of lawyers getting paid. For dirtying us up for doing our job, shame on him.”
NeJame also noted that, of the eight deputy reports released Monday, four were filed at the same time on May 6, nine days after the incident.
