Family files claim over 2021 Avondale in-custody death, alleges man died after police repeatedly shocked him with stun gun

Details of the death of a man while in the custody of Avondale police have started to emerge a year after the incident occurred.

A pre-lawsuit settlement claim filed against Avondale alleges that Avondale Police Department officers repeatedly shocked 37-year-old James Holland Sr. with a Taser stun gun, leading to his death.

According to the claim, at about 2:15 a.m. July 10, 2021, police responded to a call of a man walking in the street near Van Buren Street and 111th Avenue. The arriving officer found Holland "in a state of psychosis," wearing only boxers and tennis shoes, the claims says.

Over the course of the next 10 minutes, the claim alleges, officers repeatedly shocked Holland with a Taser stun gun despite the fact that he was unarmed and not presenting a clear threat. At one point, Holland was held down by an officer who placed her knee on Holland's back and shocked him with a Taser stun gun, the claims alleges. At 2:24 a.m., Holland began foaming at the mouth, but officers handcuffed him before turning him over and performing CPR, the claim says.

The Arizona Republic requested police reports and body camera footage, but was not provided either as of publication.

Holland was later pronounced dead and his death was ruled a homicide by the Maricopa County Medical Examiner's Office, according to the claim.

The claim denounces the actions of the officers and says Holland didn't present any kind of danger to them.

"There simply was no imminent threat of lethal or non-lethal harm to the officers when they tased and asphyxiated James, Sr. to death," the claim reads.

If the settlement filed on behalf of Holland's family isn't fulfilled by Avondale, the family intends to pursue further legal action, the claim says.

Attorneys Benjamin Taylor and Larry J. Wulkin provided The Republic a statement from Holland's family.

"James was a loving father, husband, son, and friend. James’ tragic death has left a hole in his parents, wife, and children’s hearts.”

In an email, Avondale spokesperson Pier Simeri declined to comment on whether training protocols would be revised or if the officers involved had been placed on leave.

In response to why Avondale police hadn't released details about the death, Simeri said information was given to outlets who reached out about the case, yet The Republic was unable to find previous coverage of the incident.

"As this is a pending legal matter the City is unable to comment on your questions below. Regarding reports that the matter was not publicly released, Avondale PD provided information to those media outlets that asked for information at the time," Simeri said.

Critical incidents involving first responders, such as police shootings or in-custody deaths, are investigated by a local agency and then referred to the Maricopa County Attorney's Office for review. An online record of these incidents on the County Attorney's Office website cleared the officers involved in Holland's arrest from criminal charges in November 2021.

A letter from the County Attorney's Office to the Avondale Police Department stated that, based on information provided by the Glendale Police Department, which conducted the investigation, the officers involved in the incident were cleared of wrongdoing.

"It is the opinion of the County Attorney that the officers did not commit any act that warrants prosecution," the letter read.

In Arizona, deaths during arrests are a statewide problem. The Republic found that at least once a month, someone dies during an arrest or in a county jail. At least 64 cases in which a person died in a county jail or during an arrest occurred between Jan. 1, 2017, and Aug. 4, 2020, according to a Republic analysis. On average, that means it happens every 21 days.

Some high profile, most barely acknowledged: People dying in custody in AZ

Reach criminal justice reporter Gloria Rebecca Gomez at grgomez@gannett.com or on Twitter @glorihuh.

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This article originally appeared on Arizona Republic: Family files claim over 2021 Avondale in-custody death