By Greg Yee, Press-Telegram
LONG BEACH >> A federal
jury ordered the city to pay a local couple $175,000, agreeing that police made
an arrest without probable cause and used excessive force during an incident on
July 4, 2011.
The jury said Jay Bradley Holms
should be paid $150,000 in damages, finding that Officer Eric Fritz used
excessive force, and that Officer Jeremy Chavez arrested him without probable
cause. Julie Holms, his wife, was awarded $25,000 due to emotional distress
caused by Fritz, the jury found.
The jury did not find any
liability for John Gibbs, a third Long Beach officer named in the lawsuit, and
did not agree that the officers acted with malice.
Long Beach deputy city attorney
Howard Russell said he and his office are reviewing options to appeal the
jury’s findings.
“We appreciate the jury’s
service, but we are disappointed in their verdict,” Russell said. “We dispute
the characterization (of Fritz’ and Chavez’ actions). We contend that the
officers acted reasonably in response to Mr. Holms’ actions.”
The incident began during a 4th
of July celebration. Jay Holms was playing dominoes in a neighbor’s backyard
when police pulled up and arrested his son, a minor, according to the civil
complaint and David Haas, the Holms’ attorney.
Julie Holms walked to the front
of the home on E. 6th Street between Cherry and Rose avenues and began speaking
with the officers, he said.
Russell and Haas, however,
disagree about what happened next.
Russell said Holms did not
speak to the officers, but rather walked up to the police car and reached
inside, prompting Chavez and Fritz to try and get him away from their squad
vehicle. Holms, he said, refused to comply with the officers’ commands and
repeatedly tried to push them off of him.
The officers had no choice but
to punch Holms and use a baton to try and subdue him, the deputy city attorney
said.
.Haas said Chavez suddenly
began to punch Jay Holms after he came outside; Fritz then beat him with a
baton, knocking him unconscious.
Holms suffered a broken arm,
multiple bruises and cuts during the incident, according to the lawsuit.
In a video provided to the
Press-Telegram by Haas, a number of neighbors can be seen gathered around the
officers and Holms, who is lying face down on the pavement with his arms
handcuffed behind his back. Many of the witnesses are screaming and upset.
Julie Holms can be heard
telling Fritz and Chavez that she is a registered nurse and that her husband
needed medical treatment.
Gibbs, who arrived at the scene
as a backup police officer, can be heard telling the crowd, “Happy Fourth of
July ... Happy Fourth,” before he and Fritz pull Holms up by his broken arm.
Holms was later charged with
resisting, obstructing or delaying a police officer, according to information
provided by Haas. A criminal court jury found him not guilty of that charge on
March 8, 2012.
No charges were filed against
the son, Haas said.
