According to a Birmingham Police Department spokesman, an Alabama band director who defied orders to halt his band's performance after a high school football game was tased and taken into custody.
According to police, the altercation took place on Thursday at PD Jackson-Olin High School in Birmingham, following a victory by Minor High School. After the game, Birmingham police officers began to empty the stadium and discovered "both schools' bands still performing," according to spokesman Truman Fitzgerald in a statement.
According to the statement, officers spoke with the directors of both bands and requested that they cease playing music "so students and attendees would leave the stadium."
When ordered to stop, the home team band did so, but Johnny Mims, the band director for Minor, "instructed his band to continue performing," according to Birmingham police.
According to the statement, "a physical altercation ensued between the band director, Birmingham City Schools System personnel, and BPD officers when BPD officers attempted to take the band director into custody for disorderly conduct."
Birmingham police have released bodycam footage of Mims being told to stop performing by several cops while the band director yells, "Get out of my face."
"We are ready to leave. Is this our last song?," Mims then announces to the police.
Upon hearing an officer threaten to put him in jail, Mims gives it a thumbs up and adds, "That's cool."
The band then ends their song and the stadium's field lights are turned out. while Mims gets off the station, he fights with the police, yelling at them to "get off of me" while they seem to be trying to handcuff him.
He struck the policeman. We hear one of the officers say, "He needs to go to jail." "He turned to face the officer."
As the battle goes on, Mims is then heard responding, saying he "did not swing on the officer."
Moments afterward, an officer applies a Taser to Mims, causing him to fall to the ground while terrified cries echo from the surrounding throng.
According to the police statement, "the arresting officer claims the band director shoved him during the arrest." "The physical altercation was then resolved when the arresting officer used a Taser to subdue the band director."
CNN was informed by Juandalynn Givan, the attorney for Mims, that a video that appeared online also captures the moment the arresting officer tased Mims. Givan represents a state in addition.
The footage shows a number of bystanders observing the altercation that broke out between Mims and the officers, which included some pushing and shoving. Then, a Taser is shown being drawn and used on Mims by the arresting officer, who was positioned across from him.
Mims and police officers can be seen fighting in another video, though it's unclear if this was captured before or after Mims was tased.
In a statement provided to CNN, Givan stated, "This incident is an alarming abuse of power and a clear violation of our client's civil rights." "Unless there is a serious threat to the public's safety, law enforcement should not participate in home rule in the context of athletics or band activities."
Givan continued, saying that they intend to sue the police agency.
After receiving emergency care from Birmingham Fire and Rescue, Mims was taken to the University of Alabama at Birmingham Hospital by police. Following his release, he was taken to the Birmingham City Jail by police, according to the police, where he was booked and subsequently bonded out.
For unruly behavior, harassing, and resisting arrest, officers secured arrest warrants, according to the police.
According to a police statement, the "Internal Affairs Division of the Birmingham Police Department investigates all incidents where an officer uses force during an arrest."
Secretary of Jefferson County Schools Walter Gonsoulin told CNN station WBRC, "We are aware of the incident that occurred after the Minor and Jackson-Olin football game." "I am now compiling all the information, and I believe it would be improper to make any more comments until that process is finished. All of you are urged not to draw hasty conclusions.
As per the school's website, Mims has been teaching high school band in Florida for almost ten years before joining the Minor High School band in 2018. He holds a master's degree in music instruction from Florida State University.
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