High School band director tased, arrested after police order him to end performance
Thank the heavens we live in a country where the police are issued lethal and near lethal instruments to enforce their will, and qualified immunity to protect them from the logical outcome of their own thuggery.
The question which this highly talented reported failed to ask was what authority do the police have to order school personnel to do anything in the conduct of their duties on school property at a school event?
The band director of a Jefferson County high school was tased and arrested by Birmingham police when authorities say he would not order his band to stop playing.
The incident happened Thursday night following the Jackson-Olin High School vs. Minor High School football game, which was played at Jackson-Olin.
The director who was arrested is Johnny Mims, Jefferson County school officials confirmed.
Birmingham police spokesman Officer Truman Fitzgerald released this account of what happened:
After the football game ended, Birmingham officers were in the process of clearing out the stadium and observed both bands still performing.
Officers spoke with both schools band directors to end the performance so students and attendees would leave the stadium. Officers were able to get Jackson-Olins band to stop performing.
Officers approached Mims and began asking him to get his band to stop performing.
Mims did not comply with multiple officers requests to stop his band from performing; he instructed his band to continue performing.
A BPD sergeant was among the officers who attempted to get the band director to stop his band from performing.
During the officers interaction with Mims, the decision was made to place him in custody.
Officers attempted to take Mims into custody for disorderly conduct when a physical altercation ensued between the band director, Birmingham City Schools System security personnel, and Birmingham officers.
During the physical altercation, Birmingham officers attempted to get Mims to place his hands behind his back, but he refused.
The arresting officer alleges Mims pushed him during the arrest. The arresting officer then subdued Mims with a Taser which ended the physical confrontation.
After being discharged from the hospital, officers transported Mims to the Birmingham City Jail where he was booked in and subsequently bonded out.
Officers presented the case to the City of Birmingham Magistrates Office; and obtained warrants for disorderly conduct, harassment and resisting arrest.
Now. I'm poor and I can't afford much if I were to lose, but I bet $10.00 to a can of Guinness,
Mims happens to be black.
By filing charges against him, he must first be found Not Guilty, else he has no standing to pursue a Wrongful anything case against the city. So, all they need to do is make it much easier to plea-out than to face extreme legal bills and possible imprisonment.
And then there is the whole doctrine of "Qualified Immunity, which makes it very hard to go after the cops or the city.