FOR IMMEDIATE RELEASE
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Finds Insufficient Evidence to Reopen Criminal Investigation
BALTIMORE, MD — The Office of the Attorney General has completed its review of the investigative file from the death of James Adell in 2013 and found insufficient information to warrant opening the matter for further investigation. Mr. Adell, a 34-year-old Black man, died shortly after being restrained by a Hagerstown Police Department officer on June 23, 2013.
This review was completed pursuant to an executive order requiring a review of 41 restraint-related deaths occurring between 2003 and 2019 that independent medical examiners determined should have been classified as homicides. Prior to this audit by independent medical examiners, the Office of the Chief Medical Examiner (OCME) had not classified these cases as homicides. Since the release of the audit’s findings in 2025, the OCME has not changed the manner or cause of death certification in any of the 41 cases.
According to the National Association of Medical Examiners (NAME), the classification of the manner of the death is not a legal conclusion. A death is classified as a homicide when it results from a volitional act committed by another person. The classification does not by itself establish criminal intent or criminal culpability, which are determinations made through the legal process.
A team of experienced prosecutors and investigators from the Office of the Attorney General (OAG) is now conducting a comprehensive review of the 41 cases from the audit. For this inquiry, prosecutors and investigators requested investigative material from State’s Attorney’s Offices, police departments, family members of the decedents, and attorneys representing the families. These materials are subject to disclosure to other parties pursuant to the OAG’s obligations under state law.
Today, the OAG announced that it has completed its review of the files from James Adell’s death. This review considered files from law enforcement authorities and the OCME.
The following information was obtained from the investigative file created by law enforcement authorities. On June 23, 2013, at approximately 8:00 p.m., the Hagerstown Police Department (HPD) received a 911 call reporting that a Black male had entered the caller’s home twice without permission. An HPD officer was dispatched to the home but was unable to locate the intruder. At around 8:40 p.m., HPD received a second 911 from the same neighborhood reporting that a Black male had jumped the fence, entered a backyard, and yelled that people were trying to shoot him. According to the caller, the man ran across the street and through another yard. The caller then observed the man attempting to open the doors of several vehicles parked in the area, which prompted him to call 911. At approximately 9:00 p.m., HPD received a third 911 call from the same neighborhood. The female caller reported that she and her family were in their backyard when a Black male entered the caller’s backyard, waving his arms over his head and acting erratically. The man, later identified as James Edward Adell, left the yard and began to walk down the street. The caller’s husband followed Mr. Adell and observed him lying down in the street and talking to himself.
An HPD officer arrived at the scene and attempted to speak to Mr. Adell, but Mr. Adell ignored him and walked away, continuing to wave his arms and speak incoherently. The officer followed Mr. Adell in his patrol car. When the officer pulled up next to Mr. Adell, Mr. Adell lay down on the sidewalk, face-down. When the officer attempted to speak to Mr. Adell, he continued to speak incoherently and act erratically. Based on Mr. Adell’s behavior, the officer called for emergency medical services to transport Mr. Adell to the hospital for evaluation.
During this time, an additional HPD officer arrived on scene. Mr. Adell became agitated and a struggle ensued with the officers. Accounts differ as to whether Mr. Adell was handcuffed prior to or during the struggle, but all witnesses reported that Mr. Adell resisted the officers’ attempts to restrain him, including kicking at officers. During the struggle, officers placed Mr. Adell in the prone position with one officer holding his legs and another officer holding his shoulders and torso. Two additional HPD officers arrived and assisted with restraining Mr. Adell, who continued to thrash, kick, and resist. One officer retrieved leg restraints and put them on Mr. Adell. Shortly after, the officers noticed that Mr. Adell was no longer breathing. The officers turned Mr. Adell over on his back, removed his restraints, and began to administer CPR. Paramedics arrived, took over CPR, and began providing medical aid to Mr. Adell. Paramedics used bags of ice to cool down Mr. Adell’s body temperature, which reportedly exceeded 107 degrees. Mr. Adell was transported to a nearby hospital, where he was pronounced deceased the next day.
On June 26, 2013, the OCME performed an autopsy on Mr. Adell and ruled that the manner of death was “Undetermined.” The toxicology analysis found that Mr. Adell had cocaine and THC in his system at the time of his death. Witnesses told police that Mr. Adell had been acting strangely for several days before his death and may have been under the influence of drugs. Two days prior to the incident, Mr. Adell had been taken to the hospital by police and held overnight for psychiatric evaluation due to his reportedly erratic behavior.
In October 2013, the State’s Attorney’s Office for Washington County declined to pursue criminal charges arising out of the death of Mr. Adell. More than a decade later, pursuant to a state audit, independent medical examiners reviewed the findings of the OCME, and two out of three independent examiners determined that the manner of death for Mr. Adell should have been “Homicide.” As of this date, the OCME has not changed the original certification as to the manner of death or cause of death for Mr. Adell.
Against this backdrop, the Office of the Attorney General reviewed the investigative file for Mr. Adell to see whether the evidence warranted further action by state authorities. This review by the OAG found insufficient evidence to prove criminal culpability beyond a reasonable doubt. The Office of the Attorney General accordingly concurs with the decision made by the Washington County State’s Attorney Office in 2013.
Upon completing its review of the available investigatory materials, the Office of the Attorney General found that there is insufficient evidence to reopen the matter of James Adell for further investigation or for criminal prosecution. The Office of the Attorney General will provide the decedent’s family with an opportunity to review materials in the investigative file.
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