Judge denies qualified immunity for Osceola deputies in 2022 Target takedown case

OSCEOLA COUNTY, Fla. - A judge denied legal immunity for two Osceola County deputies after they were accused of unreasonable and excessive force used in a reported burglary incident at a Target in Kissimmee in 2022.

What we know:

Normally, law enforcement officers would get qualified immunity – meaning they can’t be sued unless they clearly violated constitutional rights. The judge says the deputies’ actions were "so egregious it was obvious a constitutional right was violated."

Michael Gomez, Joseph Lowe, Ian Joi and representatives of Jayden Baez – who was killed in a deputy use of force incident at a Kissimmee Target in 2022 – filed a civil lawsuit against two Osceola County deputies and interim Sheriff Christopher Blackmon citing unreasonable and excessive force. 

Now, a United States District Court judge has decided that the deputies don't have legal immunity from the shooting. 

"The judge basically issued a scathing rebuke about the way it was handled," the attorney for Gomez, Lowe, Joi and representatives of Baez, said. 

What they're saying:

In a statement to FOX 35, the Osceola County Sheriff's office said the judge’s decision for qualified immunity is preliminary.

"That determination is subject to ongoing litigation and can change," the sheriff's office said. "The judge has dismissed the case against the Osceola County Sheriff’s Office. In the months following this incident, the sheriff’s office reviewed policy and training and adjustments were made."

The backstory:

The shooting happened around 7 p.m. 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, OCSO said. 

A takedown 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. 

OCSO said that deputies were conducting a training exercise on GPS surveillance and vehicle takedowns 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.

Vehicle takedown leads to deputy-involved shooting

One defendant was the lead instructor for the GPS training, while the second was the lead instructor for the vehicle takedowns. Both had over 10 years of experience with the sheriff's office. 

The training was supposed to last for a few more hours, but the head instructor of the training told deputies to head to Target for the call, a defendant testified in his deposition. Twenty-eight deputies were on the scene when the shooting occurred. 

At Target, deputies positioned for a vehicle takedown. After deputies heard that Lowe and Gomez may have taken a pizza without paying for it and pocketed Pokemon cards, the training leader told a defendant that he had the green light to do the block "whether we can confirm a crime or not," the court document said. 

Before Lowe and Gomez both left the store, the leader changed the tactic again, saying a crime wasn't committed inside and they needed to confirm the crime. 

After the suspects' vehicle – driven by Baez with Gomez, Lowe and Joi inside – looped through the parking lot with a covered license plate, a deputy confirmed that a retail theft had taken place and the vehicle takedown was executed. 

During the takedown, a defendant testified that he shot his gun, fearing his life was in danger. He shot at Baez – the driver – 17 times through the passenger window. After, the second defendant fired 14 shots into the back of the suspect's car thinking the first defendant was under it, he testified. 

"I believe my deputies are justified in all their actions," the sheriff at the time – Marcos Lopez – told FOX 35 News in 2022. "I have the utmost, 200% trust in everything they do based on their training and their experience."  

No deputies were injured. Five vehicles were badly damaged. 

Charges from the incident

Lowe and Gomez were initially charged with petty theft, but those charges were later dropped by prosecutors. Lowe's attorney called the incident a "grotesque misuse of police authority," saying that Lowe was shot six times, suffering shots to both hands. 

Gomez was shot three times in the back and ribs, Joi was slammed to the ground and Baez died. 

Deputies and sheriff sued for excessive force

In a lawsuit filed by Gomez, Lowe, Joi and representatives of Baez against two Osceola County deputies and interim Sheriff Christopher Blackmon citing unreasonable and excessive force. 

The lawsuit claims that 28 deputies responded to a reported robbery and two deputies used deadly force because they feared for their lives as the driver – Baez – was driving toward them. 

The defendants argued that their use of force was constitutional and that they were entitled to qualified immunity. 

What is qualified immunity? 

The qualified immunity defense "protects government officials performing discretionary functions from civil litigation and liability if their conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have known."

To invoke qualified immunity, officials must prove they were acting within their discretionary authority, whereas the plaintiffs must establish that the deputies violated their constitutional rights. 

"Considering the totality of the circumstances surrounding the takedown and its execution, a reasonable jury could conclude that, based on the undisputed record evidence (construing disputed facts in favor of Plaintiffs), (the deputies’) actions were excessive and unreasonable," a judge said in court documents. 

The severity of the crimes – retail theft and having a covered license plate – does not justify the magnitude of the sheriff's office's response with 28 deputies, described as a "small army," the judge's decision said. 

None of the deputies activated their emergency lights or sirens, and they were all in civilian cars and wearing civilian clothing with OSCO vests. 

There was no indication the suspects posed any danger to the public and displayed no threatening behavior, apart from preparing to run away. 

The judge said it's possible the plaintiffs didn't know they were being pursued by law enforcement and that it's not suspicious behavior, rather "survival instinct," that they would try to run when being rammed by an unmarked vehicle.

What's next:

A grand jury chose not to criminally charge the deputies, but they did demand some changes be made to Osceola County Sheriff's Office policy.

Some of those have already been implemented – like rules around body cameras. The sheriff's office told FOX 35's Marie Edinger that they’re getting new body cameras right now. They also changed their policy for takedown scenarios – which now mandates two trainings a year.