State won't upgrade manslaughter charge in Owens shooting; victim's family disappointed
Editor's note: This story was updated at 3:15 p.m. to include reaction to the state attorney's office's filing decisions.
The State Attorney's Office has decided not to upgrade the manslaughter with a firearm charge against Susan Louise Lorincz for the fatal shooting of Ajike "AJ" Shantrell Owens.
Prosecutors realize the decision will not be popular. Many people in the community have called for an upgrade to second-degree murder.
State Attorney Bill Gladson said: "While some may not agree with that decision, I can assure you that the decision was thoughtful and made without consideration of any factors other than the specific facts of this terrible crime. Simply stated, my obligation is to follow the law."
Gladson continued: "In order to prove the crime of second-degree murder, the state must prove beyond and to the exclusion of every reasonable doubt the existence of a depraved mind toward the victim at the time of the killing.
"Depraved mind requires evidence of hatred, spite, ill will or evil intent toward the victim at the time of the killing. As deplorable as the defendant’s actions were in this case, there is insufficient evidence to prove this specific and required element of second-degree murder," he said.
In this case, Lorincz was inside her home and fired the fatal shot through the closed front door. Owens, standing on the other side of the door, was struck and killed.
"Given the facts in this case, aiming a firearm at the door and pulling the trigger is legally insufficient to prove depraved mind," Gladson said. "Case law has consistently held that extreme recklessness or impulsive overreactions are, in and of themselves, insufficient to prove second-degree murder."
In addition to the the charge of manslaughter with a firearm, Lorincz also faces one count of assault, a second-degree misdemeanor, for allegedly threatening one of Owens' children (the name is redacted in the court filing.) If convicted of both charges, Lorincz could be sentenced up to 30 years in prison.
Reactions to the state attorney's decision
Chief Assistant Public Defender John Spivey and Assistant Public Defender Amanda Sizemore are defending Lorincz. Michael Graves, head of the Public Defender's Office, told a Star-Banner reporter that his office had no comment on Gladson's decision.
Asked how Lorincz was doing in the county jail, Graves said she's doing as "OK as one can be."
Anthony D. Thomas is one of two lawyers representing the Owens family. The other is noted civil rights attorney Benjamin Crump.
"We're disappointed," Thomas said. But Owens' family is "hopeful that there will be a conviction."
Thomas said in their meetings with Gladson, it was conveyed that there will not be second-degree murder charge filed against Lorincz. The lawyer said they were told if there were more evidence, then prosecutors would would file the higher charge.
Thomas said the state attorney's office could have filed a second-degree murder charge and, at trial, include manslaughter as a lesser option for the jury.
"Let a jury decide," he said.
In a press release, Gladson addressed that point: "As is always true in criminal cases, failure to prove beyond a reasonable doubt even one element of a crime will result in a not guilty verdict."
Thomas said the Owens family is going to "push on." He said the family is concerned that while 30 years is a long time in prison, if Lorincz should be released early, it would be a slap in the face for Owens' children.
"It doesn't sit well with the family," Thomas said.
Asked how the family is coping, Thomas said they're devastated. He said Owens' mother, Pamela Dias, is finding ways to explain to her daughter's children what's going on. She also has to be the parent for the children, Thomas said.
"She has to manage what these children are going through. She wants them to have normalcy," he said.
To the family, Gladson said, "I am aware of the desire of the family, and some community members, that the defendant be charged with second-degree murder. My obligation as state attorney is to follow the law in each case that I prosecute."
The Rev. Eric Cummings, a member of the school board, said he's "disheartened" that second-degree murder was not charged.
Though he's saddened, Cummings said if manslaughter is the charge, then there should be no plea bargain.
"She (Lorincz) should get the full extent of the law. She needs to be prosecuted," he said.
Cummings said Owens' children are serving "a life sentence" because they witnessed their mother being killed in front of them.
"We're just looking for justice," Cummings said.
Gladson said he understands everyone, like himself, wants justice and is doing everything to achieve that goal.
"Since the night of the defendant’s arrest in this case, I have indicated that I would be transparent in my decision-making process. Prior to making this decision, my office consulted with the victim’s family, and their attorney," he said in the release.
"The defendant will be prosecuted for the offense of manslaughter with a firearm, a first-degree felony punishable by up to 30 years in prison. My office will do all it can to seek justice for Ms. Owens and her family."
The Rev. James David Stockton III, president of the Marion County branch of the NAACP, held a press conference on Monday to talk about Owens.
Flanked by NAACP staffers, Stockton said they stand for "what's right," and they are standing with Owens' family and attorneys.
Related charging decisions from the state attorney
Gladson noted that his office chose not to file three other charges that Lorincz could have faced for her actions on the night of June 2: one count each of misdemeanor assault, misdemeanor culpable negligence and misdemeanor battery.
"Sworn testimony provided by the victim’s son after the arrest indicated that the skate thrown by the defendant did not strike the child, a necessary element of the charge of battery," Gladson wrote in the news release.
"Sworn testimony was also provided by another child, as it relates to one of the accounts of assault, that he was not in fear, which is a required element of assault. Accordingly, the legal requirements to establish the crimes of battery and assault cannot be met and those charges cannot be filed," he wrote.
As for misdemeanor culpable negligence: "There is no evidence to establish that the defendant knew the child was with his mother when she shot the victim in this case," Gladson said.
Angry callers
The 5th Judicial Circuit State Attorney's Office covers Marion, Sumter, Lake, Citrus and Hernando counties. It has been flooded with telephone calls from people upset that Lorincz, 58, was being held on only a manslaughter charge. They have demanded that prosecutors charge Lorincz with second-degree murder.
Tempers have flared. On Friday, law enforcement officials in Alachua County arrested Regina A. Pines of Gainesville on a charge of corruption by threat against a public servant and unlawful use of a two-way communication device. Pines, 31, is accused of calling the Ocala state attorney's office and threatening to shoot Gladson.
Pines made her first appearance in front of a judge on Saturday. Court records show she was released from jail the same day after posting a $2,000 bond. Pines' next court date is in July.
In a statement, Gladson said: "Understandably, emotions run high, particularly with senseless, violent crimes. However, I cannot allow any decision to be influenced by public sentiment, angry phone calls or further threats of violence, as I have received in this case. To allow that to happen would also be improper and a violation of my oath as a prosecutor and as a lawyer."
Upgrade the charge?
Members of the community were upset that law enforcement officials did not immediately arrested Lorincz on June 2, the night of the shooting.
Marion County Sheriff's Office officials said Lorincz could not be arrested at the time of the shooting because, by law, they first had to prove her actions were not justified under Florida's stand your ground doctrine.
Once detectives concluded their initial investigation, Lorincz was arrested on the manslaughter charge on June 6.
Community members and civil rights leaders felt it took to long before Lorincz's arrest, and the charges weren't sufficiently severe. There have been protests, rallies, prayer vigils and calls for the SAO to up the charge against Lorincz.
Protestors even marched to Gladson's office demanding answers. Gladson came outside and spoke to the protesters.
At Owens' funeral, attended by approximately 1,000 on June 12, the Rev. Al Sharpton gave the eulogy.
Alleged threat: Woman, upset about AJ Owens case, accused of threatening to shoot Ocala state attorney
Lorincz's next court hearing is her arraignment, slated for July. At that time, Lorincz's charge will be officially announced. As of Monday, Lorincz remained locked up at the county jail with bail set at $154,000.
The case is assigned to Circuit Judge Robert Hodges. Assistant State Attorneys Rich Buxman and Adam Smith will be prosecutors.
The death of Owens
Owens, a single mother of three sons and a daughter, ages 3-12, was shot and killed in her Ocala neighborhood of Quail Run located off County Road 475A by her neighbor, Lorincz.
Lorincz, who is white, is accused of yelling at Owens' children, using racial slurs, and throwing skates at them. They told their mother. Owens, who was Black, went to confront her neighbor at her home. Lorincz fired a gun through the closed front door, striking Owens in the chest. Her children witnessed the shooting. Owens later died at a local hospital. She was 35.
Lorincz told detectives the shooting was self-defense.
Contact Austin L. Miller at austin.miller@starbanner.com or @almillerosb
This article originally appeared on Ocala Star-Banner: State won't upgrade manslaughter charge in AJ Owens case; here's why
