An Alabama band director has been arrested after allegedly refusing to end a performance.
The reported incident happened at a high school football game Thursday at PD Jackson-Olin High School in Birmingham. According to a statement from Birmingham police, after the team faced off against Minor High School, officers asked both school band directors to stop playing music to force the visitors to leave the stadium.
Minor High School band director Johnny Mims allegedly did not comply with a “request for more officers” and instead “instructed his band to continue performing,” police said.
The department said that after multiple officers tried to stop the performance, “a physical altercation ensued between the band director, Birmingham City Schools Security System personnel and BPD officers.”
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“During the physical altercation, BPD officers attempted to force the band director to put his hands behind his back, but he refused,” the department said in a statement. “The arresting officer claims the band director pushed him during the arrest. The arresting officer then subdued the band director with a taser, ending the physical altercation.”
After being treated by Birmingham Fire and Rescue and transported to UAB Hospital as part of “normal protocol,” Mims was “booked and subsequently released” from the Birmingham City Jail, police said. He was charged with violent behavior, harassment and resisting arrest.
The incident remains under investigation by the Birmingham Police Department’s Internal Affairs Division. Body camera footage from the match was released by authorities on Monday.
In a statement, the department shared that the video of the interaction was released because of Birmingham Police Chief Scott Thurmond’s commitment to maintaining a “positive relationship with members of our community through transparency and open dialogue.”
The nearly eight-minute video shows Mims repeatedly telling officers to “get out of my face” when instructed to stop the show. After the stadium lights dimmed and Mims finished leading the band through their “last song,” police officers attempt to handcuff Mims when one is heard claiming, “He hit a cop. He needs to go to jail. He swung at a cop.”
When Mims responded that he “didn’t swing at the officer,” he was later tackled to the ground after the physical interaction between Mims and the officers continued.
Following the incident, Jefferson County Schools Superintendent Dr. Walter Gonsoulin “urged everyone not to jump to conclusions” in a statement shared with WBRC.
“We are aware of the incident that occurred after the Minor and Jackson-Olin football game,” Gonsoulin wrote. “I am in the process of gathering all the facts and I believe it would be inappropriate to comment further until that process is complete. I urge everyone not to jump to conclusions.”
PEOPLE has reached out to Gonsoulin for comment.
In a statement to CNN, Mims’ attorney, Juandalynn Givan, said they plan to take legal action against the department and that “this incident is an alarming abuse of power and a clear violation of our client’s civil rights.” “That is unacceptable.” for law enforcement to engage in home rule on the field of play or in connection with band activities unless there is a significant threat to the safety of the general public,” added Givan, a member of the Alabama House of Representatives.
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In a statement to PEOPLE, Givan called the use of the Taser on Mims “shocking and unacceptable.”
“We trust that a thorough investigation will be conducted to shed light on the circumstances surrounding this incident,” Givan’s statement continued in part. “We call for transparency, accountability and justice to prevail. No one should be subjected to unnecessary force, especially when performing their professional duties and posing no threat.”
According to NPR, Mims has been principal of Manor Middle School since 2018. He is currently on administrative leave with pay while the incident is investigated, he told NPR.
“Nothing we did at that time was a danger to the community, the fans or the school,” he told NPR on Monday. “Everyone enjoyed it. That’s the part I struggle with.”
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Source: HIS Education