Kissimmee Target shooting: No charges for deputies in 'takedown' that left 1 dead, 3 injured

Two Osceola County sheriff's deputies who were involved in a deadly shooting outside a Target store in Kissimmee in 2022 will not be charged in the incident, State Attorney Andrew Bain announced on Tuesday. Bain said the decision not to file charges is based on the recommendations of a grand jury that convened late last year. 

A grand jury review of all shootings involving law enforcement officers was one of several policy changes Bain brought to the Ninth Judicial Circuit when he was appointed state attorney by Gov. Ron DeSantis after the governor suspended Bain's predecessor, Monique Worrell, on August 9. 

During a news conference on Tuesday, Bain explained that the grand jury will now have an opportunity to weigh in on details that led to its decision and offer guidance for future cases.

"That process is going to happen in the next few months, and they’ll be able to present their findings and investigation to you all on ways they believe law enforcement can help preserve lives and what we can do as a community to prevent the loss of life from instances like this," he said.

Osceola County Sheriff Marcos Lopez held a press conference Wednesday morning to address the decision. 

"The driver chose to ignore lawful commands and use his vehicle as a deadly weapon to strike the deputies," Lopez said. "It's unfortunate that the two deputies who fired their weapons in this case had to wait 20 months to be told that they were rightfully and legally performing their jobs as a deputy sheriff. Hopefully in the future, officer-involved shootings will be investigated and addressed as quickly as possible."

Lopez also said he's welcome to make any changes to the sheriff's office in the wake of the deadly shooting – and said they've already implemented a few changes, like upgrading and requesting additional bodycams and utilizing different techniques for misdemeanors vs. felonies. 

The shooting happened on April 27, 2022, in the parking lot of the Target store on U.S. Highway 192 in Kissimmee. According to an arrest affidavit, the Osceola County Sheriff's Office (OCSO) said its deputies were called to the Target store after receiving a report of two people suspected of shoplifting approximately $40 in pizza and Pokémon cards from the store. Surveillance video showed two people stealing items, according to OCSO. 

A "takedown" of four people was attempted in the parking lot, which ended with deputies firing their weapons. Jayden Baez, 20, was shot and later died at the hospital. Three others – Michael Gomez, Joseph Lowe, and Ian Joi – were injured. 

Left to right: Jayden Baez (deceased), Joseph Lowe, and Michael Gomez. Osceola County deputies responded to a Target in Kissimmee to investigate a report of shoplifting. It ended in a deputy-involved shooting. Baez died at the hospital. Lowe was shot

RELATED STORIES:

OCSO previously confirmed that deputies were conducting a training exercise in a nearby parking lot prior to the shooting. Those deputies were in tactical gear and did not have their body-worn cameras on due to the training, OCSO said.

Lowe and Gomez were initially charged with petty theft, but those charges were later dropped by prosecutors.

Orlando attorney Mark Nejame is representing both the Baez family and Lowe. He has previously described the shooting incident as a "grotesque misuse of police authority," adding that Lowe was shot six times as he had his hands up, trying to surrender to deputies.

NeJame spoke following Bain's news conference, where he praised the steps taken by the state attorney and added that he was "ecstatic" that the grand jury would offer insight and recommendations on how future incidents may be prevented. 

"We expected the grand jury to come back… indicating that they were not bringing charges," NeJame said. "What we did not expect is for them to say they want to dig deeper."

However, NeJame had harsher words for the Osceola County Sheriff's Office. 

"The people of Osceola County are shortchanged because some leadership within the Osceola County Sheriff's Office is deficient and grossly negligent," he added.

This is a developing story. Check back for updates.