Mark NeJame, founder of the NeJame Law Firm.
The family of a 20-year-old man who was fatally shot during an attempted theft of less than $50 worth of goods from a Target store will receive a portion of a $1 million legal settlement recently agreed to by the Osceola County Sheriff’s Office.
The NeJame Law Firm in Orlando negotiated the settlement after filing a federal lawsuit on behalf of the late Jayden Baez and three other young men who allegedly attempted to steal Pokemon Cards and a pizza from the store in April 2022 in the city of Kissimmee.
The initial 2023 federal complaint filed by the law firm in the Middle District of Florida indicated that at the time of the attempted theft, Osceola County deputies were conducting a training class in “dynamic vehicle takedowns” in the parking lot of the Target store. Baez was in the driver’s seat of a vehicle and plaintiff Ian Joi was a passenger. The two other men, Joseph Lowe and Michael Gomez, went into the target and were observed stealing the cards and pizza, according to the lawsuit.
Lowe and Gomez were not stopped by law enforcement after they exited the store, even though at least 30 sheriff’s deputies and a helicopter were in the process of responding to the petit theft, the plaintiffs alleged.
“... 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 lawsuit stated.
Officers proceeded to take down the fleeing vehicle with the theft suspects by ramming it with their unmarked cars. Two officers fired multiple rounds into the back window and front windshield, causing Baez’s death and injuries to other suspects.
The theft counts against two of the vehicle occupants were eventually closed.
“The force used by Osceola County law enforcement officers was gratuitous, excessive and deadly,” the complaint says. “Widespread and persistent policy, practice, culture and procedure of Osceola County Sheriff’s Office allowed such a deadly and violent event to occur.”
The deputies involved in the shootings were later not found criminally liable.
Mark NeJame, the founder of the NeJame Law Firm, said the Sheriff’s Office appeared to use excessive and unnecessary force against the plaintiffs.
“The law and much of the public doesn’t favor plaintiffs in these matters, so these cases are always challenging,” NeJame told the Florida Record in an email. “Our Personal Injury Division is very selective about which excessive force cases we accept, but this case screamed for justice to be carried out.”
He and his colleague, attorney DeLayne Penland, were relentless in efforts to gain justice for the plaintiffs, NeJame said.
“Although greatly appreciative of us, Jayden Baez’ parents remain heartbroken, as their beloved son was killed and no amount of money will bring him back,” he said. “The other young men are moving on with a positive outlook for new beginnings in their lives.”
Former Sheriff Marco Lopez, who was later suspended and arrested over an illegal gambling operation, kept in place patterns and customs that violated the federal protected rights of suspects, according to the lawsuit.
“Here, Osceola County Sheriff’s Office employees unnecessarily and unreasonably escalated an alleged petit retail theft into a deadly firestorm,” the lawsuit said.
