OSCEOLA COUNTY, Fla. – The theft charges against two men who were hurt in a shooting by Osceola County deputies in a Target parking lot were dropped, according to court filings.
Records show a no information notice was filed in the cases against Michael Gomez, 18, and Joseph Lowe, 19.
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“From the investigation which has been made, it is the opinion of the writer that this case is not suitable for prosecution,” the notice reads.
Gomez and Lowe both faced a charge of petit theft stemming from a shoplifting incident that ended in a deputy shooting, records show.
The fatal shooting happened near the store at 4795 W. Irlo Bronson Memorial Highway in April. Jayden Baez, 20, was killed by the gunfire.
According to the Osceola County Sheriff’s Office, prior to the shooting, several deputies attended a pre-scheduled training at Bronson Memorial Highway near the Target on the night of the shooting, April 27.
“During the second part of the training, two detectives were in the Target parking lot and noticed suspicious behavior,” Sheriff Marco Lopez said in a news conference several days after the shooting. “A black Audi had caught their attention because they noticed the vehicle’s license plate was concealed by a piece of paper.”
[RELATED: Find all of News 6′s previous coverage of the deadly deputy shooting at an Osceola County Target]
According to Lopez, these detectives noticed four men sitting in the Audi. He said the detectives watched as two men from the car put on masks, possibly because of COVID, and pulled hooded sweatshirts down over their foreheads prior to entering the Target.
Lopez said after seeing this “suspicious behavior,” training was concluded and deputies were told to “gear up” and head to the Audi, though none of the deputies involved in the shooting were equipped with bodycams. According to Lopez, this is because deputies wear tactical gear during training, while bodycams are typically given to patrolling deputies.
See previous coverage in the media player below:
According to deputies, a loss-prevention officer with the Target store was notified by the detectives of the suspicious activity. Lopez said the loss prevention officer saw Lowe and Gomez shoplifting. Deputies also said the employee “desired prosecution” for the theft.
In a statement, however, a Target spokesperson said the store does not want shoplifters prosecuted.
After Gomez and Lowe returned to the car, surveillance video showed several unmarked sheriff’s office vehicles move to box in the Audi. One of the vehicles appears to hit the front of the Audi, which then moves forward.
Several deputies then opened fire, killing Baez and hurting Gomez and Lowe, records show. An unidentified 17-year-old was also in the vehicle at the time of the shooting.
Gomez and Lowe, along with the family of Baez, are being represented by attorneys Mark NeJame and Albert Yonfa. The attorneys have been extremely critical of the sheriff’s office’s use of force and have accused investigators of distorting the facts of the case.
News 6 has reached out to the Orange-Osceola State Attorney’s Office, the Osceola County Sheriff’s Office, the Florida Department of Law Enforcement and the men’s attorneys.
The sheriff’s office released a brief statement from Lopez to News 6. It reads:
“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.”
FLDE, which is investigating the use of force by deputies, also responded to News 6′s request for comment. The statement reads:
“The investigation is still open and active with FDLE. When we have concluded this phase of our investigation we will send our report to the State Attorney’s Office. They will determine what, if any, charges will be brought (against the deputies).”
The NeJame Law Firm released a statement on the charges being dropped against its clients. It reads:
“We are gratified and thankful that the Office of the State Attorney has exercised its discretion and dropped the charges. The unnecessary militaristic actions of the Osceola County Sheriff’s Office caused the maiming and death of these young men over the theft of Pokemon cards and a pizza. It is the deadly actions and policy of the Osceola County Sheriff’s Office that must be focused on and addressed.”
The law firm also released a statement in response to Lopez’s statement:
“This paltry excuse of a response is again a misrepresentation of the facts and an effort of the Osceola Sheriff’s Office and it’s Sheriff to mislead the public.
Target made it clear from the onset that they did not wish to prosecute. This was known weeks ago. The Office of the State Attorney has been evaluating the charges and the abhorrent actions of the Osceola Sheriff’s Office. A careful evaluation led to the honorable and appropriate action to dismiss.
The focus should be on the militaristic and horrific policies of Sheriff Lopez’ office which has caused the death and maiming of these young men.
Justice will be served and this is only the first step in assuring that those responsible are held to the law and the consequences of their actions.”
If News 6 receives any additional responses, this story will be updated.
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