Former Deputy Decertified for Official Oppression

**Former Montgomery County Deputy Decertified After Plea in In-Custody Death Case**

MONTGOMERY COUNTY, TX – A former Montgomery County Precinct 1 Constable’s Deputy, James “Jim” Thomas Bergland, will no longer be able to serve as a law enforcement officer in Texas following a plea agreement reached last week in connection with an in-custody death from August 2021. Bergland pleaded “no contest” to a charge of Official Oppression, a Class A Misdemeanor, stemming from his failure to provide aid to Garret Glenn Holum, 29, during a medical emergency while in his transport.

The agreement, finalized on Thursday, June 13, 2024, with the Montgomery County District Attorney’s Office, mandates Bergland’s decertification from the Texas Commission on Law Enforcement (TCOLE). This action permanently revokes his ability to work as a police officer anywhere in the state. In addition to the decertification, Bergland received one year of deferred adjudication probation, which means if he successfully completes the probation terms, the conviction will not appear on his criminal record. He is also required to perform 60 hours of community service and pay a $500 fine.

The charges against Bergland arose from an incident on August 19, 2021. Bergland, then a Precinct 1 Constable’s Deputy, had arrested Garret Glenn Holum following a disturbance call on Highway 105 West. While transporting Holum in his patrol vehicle, Holum reportedly became unresponsive. Bergland pulled over at the Precinct 1 office where medical aid was administered, but Holum tragically died.

An autopsy report subsequently ruled Holum’s death as accidental, attributing it primarily to “acute methamphetamine intoxication,” complicated by “exertion and hyperthermia.” However, the District Attorney’s Office pursued charges against Bergland based on his alleged failure to intervene and provide necessary medical assistance during the transport, an action central to the Official Oppression charge.

Official Oppression, as defined by the Texas Penal Code (Sec. 39.02) [link to Texas Penal Code 39.02], occurs when a public servant, acting under color of office or employment, intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful. In this case, the specific allegation against Bergland was his failure to perform a duty required by law regarding the well-being of an individual in his custody.

The incident prompted an investigation by the Texas Rangers. Their findings were presented to a Montgomery County Grand Jury, which formally indicted Bergland on July 13, 2023, for Official Oppression. The plea agreement reached last week concludes the legal proceedings initiated by that indictment.

The mandatory decertification from TCOLE [link to TCOLE website/explanation of decertification] is a significant aspect of the agreement, underscoring the state’s commitment to accountability for law enforcement officers. It serves as a permanent bar to Bergland’s return to police work in Texas.

Neither Bergland nor his legal representatives have issued a public statement regarding the plea agreement. The Montgomery County District Attorney’s Office emphasized the importance of public servants upholding their duty of care, especially when an individual is in their custody. The family of Garret Glenn Holum has not commented publicly on the agreement at this time.