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Frederick County State's Attorney's Office Not Prosecuting Officers Involved In Fatal Incident

A State's Attorney's Office in Maryland will not be prosecuting a police officer in Frederick for a 2021 fatal incident involving a Taser device, the agency announced.

On Nov. 12, 2021, the Frederick Police Department was called to a residence on Greenleese Drive for an individual behaving erratically. Upon arrival, officers found Daniel Michael Holley, 23, unclothed, sweating profusely, and pacing back and forth.

Officers attempted to verbally de-escalate the situation and gain a better understanding of exactly what was happening, police said. During those attempts, Holley slapped an officer in the face, then immediately tackled that same officer to the ground, according to investigators.

Another officer deployed the Taser to subdue Holley and stop the attack. 

Video of the incident can be viewed above.

Immediately following the use of the Taser device, officers began to render aid, request emergency medical services to the scene, and rolled Holley on his side to protect his airway. 

Holley later suffered a medical emergency at Frederick Health Hospital, where he was later pronounced dead.

“Anytime someone loses their life, it is tragic,” Police Chief Jason Lando stated. “My condolences go out to Mr. Holley's family as they continue to grieve his death.”

An interim report released by the Office of the Attorney General’s Independent Investigations Division determined that Holley’s death was not due to any police action, though the exact cause of death is still being determined by the Office of the Chief Medical Examiner.

However, the interim report ruled out the actions of the officers as the cause.  

In light of these findings, the Frederick County State's Attorney's Office has declined to pursue charges against any of the involved police officers, officials said.

“In all cases involving an in-custody death, an independent process is critical for police to maintain public trust,” Lando added. “Any time an officer is involved in an in-custody death, the investigation weighs heavy on the officers mentally and emotionally. 

“Now that the investigation has concluded, I hope our officers are able to take solace in the fact that their actions played no role in Mr. Holley's unfortunate death, as the IID's report merely confirmed what I believed all along: Our officers performed exceptionally well under difficult circumstances,” he continued.

“Their actions were impressive and set the standard for how all officers should respond. In short, our officers did exactly what they were trained to do.”

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