Citing “A widespread culture problem at the Osceola County Sheriff’s Office,” attorneys representing those involved in a police activity at a Target store parking lot in Kissimmee, including the family of a 20-year-old shot and killed that night in April 2022, have filed a federal lawsuit against the police agency and Sheriff Marcos Lopez.
This follows a civil lawsuit filed in May 2023 that names Target as liable and responsible for the victim’s death and the injuries of others involved.
The 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. Passengers Michael Gomez, Joseph Lowe and Ian Joi were left with physical and mental scars while Lopez and his agency came under scrutiny.
At the time, Lopez said deputies were conducting an unrelated exercise in another part of the parking lot, and responded when a store loss prevention agent notified police that two males shoplifted a pizza and Pokemon cards, valued at around $46, and were observed getting into an Audi. When trying to stop the vehicle to apprehend the suspects, video showed the Audi trying to leave the parking lot when unmarked police cars with lights on boxed it in. When deputies shot into the car, Baez, the driver, was killed, Lowe was shot in the hands, and Gomez was reportedly also hit.
In the days after, Orlando attorney Mark NeJame spoke about filing a “multi-million dollar lawsuit”. This federal suit names the victims, and Baez’s parents, as plaintiffs, and Lopez and Sheriff’s deputies Scott Koffinas and Ramy Yacoub as defendants.
“We have one man dead, and another who put his hands up and got three bullets in each hand and is maimed for life,” NeJame said. “Justice looks like getting this in front of a jury.” We look forward to the facts being presented in a court of law.”
The federal lawsuit, which seeks $75,000 in damages, asserts civil rights violations of the Fourth Amendment, which deals with unlawful searches and seizures.
In the lawsuit, the attorney asserts that Sheriff ’s officials, “Targeted Michael Gomez and Joseph Lowe and followed the pair into the Target store” and observed them steal the items via store surveillance, but did not approach or apprehend them or direct them to return the stolen goods, until they left the store and got into the black Audi.
“Rather, the Osceola County Sheriff Office elected to continue their field training under the direction of supervising law enforcement by using Michael Gomez and Joseph Lowe as human guinea pigs for their training exercises,” the suit reads.
Meanwhile, a Sheriff’s deputy radioed for other agency members located at the other end of the parking lot.
“The session was ended prematurely as the trainees were advised that a live takedown was going to occur so they could witness the practice, procedure, culture, and protocol of a Dynamic Vehicle Takedown.
“Since the value of the goods was under $100, the criminal penalty is the lowest penalty of any criminal offense in Florida, being punishable by a maximum of 60 days in the county jail and a $500 fine,” the lawsuit notes, yet at least 30 law enforcement officers, including a helicopter unit, were involved in the response to the retail petit theft. “This excessive and unreasonable response illustrates the pervasive unconstitutional policies, culture, and procedures of the Osceola County Sheriff ’s Office … The force used by Osceola County law enforcement officers was gratuitous, excessive, and deadly. Widespread and persistent policy, practice, culture, and procedure of Osceola County Sheriff’s Office allowed such a deadly and violent event to occur.”
Gomez and Lowe, who the lawsuit said were caught in a crossfire as Yacoub fired into the Audi from the front and Koffinas from the back, were arrested and charged with a first offense of petit theft. But the charges were dropped and the case closed less than three months later.
“Osceola County Sheriff ’s Office employees unnecessarily and unreasonably escalated an alleged petit retail theft into a deadly firestorm,” the lawsuit notes. “All members of the Osceola County Sheriff’s Office failed to intervene to stop the use of Plaintiffs as practice subjects for training exercises … Lopez created the supposed “exigency” which resulted in the death of Jayden Baez and injuries to Joseph Lowe, Ian Joi, and Michael Gomez.
“Lopez fosters an agency-wide culture of escalating minor criminal offenses into violent and deadly scenes. Upon information and belief, Sheriff Lopez and others within his department are being criminally investigated for its handling of this case. This culture has been continually displayed on Defendant Lopez’ social media accounts, by his public comments, and by the violent policing culture that Defendant Lopez’ practices, procedures, and protocols have created and perpetuated.”
Ninth District State Attorney Andrew Bain, who was recently named by Gov. Ron DeSantis as a replacement for the removed Monique Worrell, said that, going forward, cases like these will be referred to a grand jury once his office chooses to prosecute.
Sheriff Lopez released a statement saying, in part, that it had been expecting legal action from parties that damaged his agencies patrol cars and injured a deputy, when it was struck, and will address court action at the proper time.
“It has been nearly 17 months since my deputies were involved in a shooting at the Target parking lot. That is a long time for the individuals involved and their families to wait for closure. The facts are the facts and will not change based on who is reviewing them. I support any method the State Attorney believes is appropriate to bring this case to a resolution.”
“Osceola County Sheriff’s Office employees unnecessarily and unreasonably escalated an alleged petit retail theft into a deadly firestorm”
— LAWSUIT NOTES
