WARNING: The video attached to this report is graphic.
The Avondale City Council has approved a $2 million settlement for an in-custody police death that was not previously reported to the public.
The settlement was reached with the family of James Holland Sr., 37, before an official lawsuit was filed, records show.
Holland died on July 10, 2021.
Related: Body camera video shows how man died in Avondale PD custody
In a lengthy statement to ABC15 following the city council’s vote, the police department expressed sympathy to Holland’s family and outlined the discipline, policy changes, and new training issued after the death.
“We want all residents to know that the City of Avondale Police Department is committed to ensuring that all residents are safe,” according to the statement. “As an agency we will continue to improve, hold ourselves accountable, and make necessary changes to carry out our mission to protect the public in a safe and effective manner.”
[Department’s full statement at the end of this report.]
Earlier this year, the ABC15 Investigators obtained multiple body camera videos from the incident.
The never-before-seen footage shows officers repeatedly tasering Holland, who had methamphetamine in his system before he stopped breathing and lost consciousness.
In a pre-lawsuit settlement demand sent by Holland’s family, their attorney alleged that the death was a result of poor training and police policies.
“(Holland) was unarmed and gave no indication that he was going to threaten or injure the officers or the public,” according to the settlement demand. “There simply was no imminent threat of lethal or non-lethal harm to the officers when they tased and asphyxiated James, Sr. to death.”
Police were called by a passerby who reported that Holland – dressed only in underwear and shoes -- was incoherently and awkwardly stumbling in the middle of Van Buren Street near 110th Avenue around 2:15 a.m.
While the video highlights the difficult situations that police officers sometimes face, experts say the incident reveals there are likely training and policy deficiencies within the department.
“I do believe their de-escalation techniques need to be addressed, which would be an agency thing,” said Brian Higgins, a former police chief and current professor at the John Jay College of Criminal Justice, who agreed to watch the body camera footage.
“Maybe there’s a staffing issue where more cops should have showed up. Or more options for less than lethal. You know there are more options out there than just pepper spray, gun and taser.” he added.
Officers attempted to taser Holland at least ten times, video shows.
Many of the attempted stuns connected, raising further concerns about the danger of repeated taser use.
In Taser International’s product information, it clearly warns about “repeated, continuous, and simultaneous exposures.” The company’s material also warns against shocking people in states of psychosis or excited delirium.
The Maricopa County Attorney’s Office cleared officers of criminal wrongdoing in the case, according to an online database of in-custody police deaths.
AVONDALE’S FULL STATEMENT
Last night, the Avondale City Council approved a settlement agreement with the family of James Holland. The death of James Edward Holland was a loss for the Holland family and the City extends its deep sympathy.
All use of force incidents are difficult for those involved and the Department’s goal is to ensure the safety of the citizens and its officers. While one police use of force incident may call into question all police operations, this incident should not define the Avondale Police Department.
Summary of Incident & PD Actions following the incident:
- On July 10, 2021, Officers responded to a call concerning Mr. Holland entering the roadway in front of oncoming traffic. Avondale Police officers responded and engaged in dialogue with Mr. Holland. Officers issued several commands to Mr. Holland which were not followed. The incident then escalated to a use of force incident which included multiple Taser deployments and hands on activity by officers.
- Since this use of force incident, the Avondale Police Department has taken steps to ensure accountability and to implement changes to prevent similar use of force incident in the future.
- Since the incident in July 2021, the Avondale Police Department has taken the following the steps:
- #1 The department requested an external review of the incident. Glendale Police Department reviewed the incident to determine if any criminal violations occurred. After the Glendale Police Department concluded its investigation, the Maricopa County Attorney reviewed the matter and determined that no criminal wrongdoing occurred. The County Attorney’s Office did not prosecute the officers involved.
- #2 Following the completion of the criminal review, the police department initiated internal affairs investigations concerning this matter and the officers involved (Officers Larry Chavez and Dulce Maeda). Subsequently, Officer Chavez left his Avondale employment on February 1, 2022. Our internal investigation of Officer Maeda continued. The Department determined that Officer Maeda violated Avondale Police Department policy. Those policy violations include:
- #3 The Avondale Police Department has continued to provide mandatory annual Taser training to all sworn officers.
- #4 The Avondale Police Department has instituted additional de-escalation defensive tactics training for officers to ensure that each officer has additional knowledge and skills to deal with similar use of force incidents. This additional training consists of a three-phase AZ POST approved de-escalation defensive tactics training:
- Avondale Police Department G.O. 10.206 Attention to/Competent Discharge of Duty
- Avondale Police Department G.O. 15.303 Use of Force
- Avondale Police Department G.O. 16.200 Taser Conducted Electrical Weapons (CEW)
- City of Avondale Policy Chapter 9 B.1 – Appearance and Conduct.
- Officer Maeda was disciplined for her actions and was placed on leave without pay for 60 hours.
- Phase 1 was conducted in April/May of 2022. This phase consisted of classroom training instructing officers concerning general de-escalation techniques.
- Phase 2 was conducted in May/June of 2022. This phase consisted of 8 hours of controlled hands-on technique training.
- Phase 3 was initiated in October 2022. This final phase is supplemental training regarding controlled techniques. This 3rd phase of training is a monthly ongoing training for sworn officers and detention officers to ensure knowledge/skills retention.
We want all residents to know that the City of Avondale Police Department is committed to ensuring that all residents are safe. As an agency we will continue to improve, hold ourselves accountable, and make necessary changes to carry out our mission to protect the public in a safe and effective manner.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
