Get insights on Johnny Mims arrest and the charges faced as the Alabama Band director was involved in a controversy in the Birmingham community.
Johnny Mims, the band director of Minor High School in Adamsville, Alabama, was tased and arrested by Birmingham police officers on September 16, 2023, after allegedly refusing to stop his band’s performance following a high school football game.
The incident sparked outrage and controversy among the community, as some accused the police of using excessive force and violating Mims’ rights.
In contrast, others defended the police’s actions as necessary to maintain order and safety.
Mims was charged with disorderly conduct, physical harassment and resisting arrest and was released on bail after spending a night in jail.
His legal team has vowed to take action against the Birmingham Police Department, which is conducting an internal investigation of the incident.
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Johnny Mims Arrest: Is Alabama Band Director In Jail Now?
No, the Alabama Band director is no longer in jail, as he was bailed out after facing three charges.
According to the Birmingham Police Department, the incident occurred around 9:30 p.m. at P.D. Jackson-Olin High School, where both the Minor and Jackson-Olin high school bands had performed during and after the football game.
The police said they were trying to clear the stadium about 20 minutes after the game ended and asked both band directors to stop their students’ performances.
The Jackson-Olin band director complied, but Mims did not. The police said Mims ignored their repeated requests and continued to conduct his band.
They played music as part of the “fifth quarter,” a marching band tradition usually seen at Historically Black Colleges and Universities (HBCUs), where students continue playing music after a game ends.
The police released body camera footage of the incident on September 19, which showed an officer approaching Mims on the bleachers and telling him to stop the band.
Mims told the officer to “get out of my face” several times and said, “That’s cool,” when he warned him that he would go to jail.
Another woman in the video, who appeared to be a school official, tried to persuade Mims to stop the band, but he refused.
The video then showed a scuffle between Mims and at least two officers, who tried to handcuff him while surrounded by a crowd of students and spectators.
The officers tased Mims twice during the struggle, as he denied hitting an officer and resisted arrest.
The stadium lights went off during the altercation, adding to the chaos and confusion.
Mims was taken into custody and transported to a hospital for treatment.
He was then booked into the Birmingham City Jail on three charges: disorderly conduct, physical harassment and resisting arrest. Mims was released on bail on September 17.
Johnny Mims Charges Faced: What Did He Do?
Mims faced three misdemeanor charges for his alleged actions during the incident before being bailed on September 17.
According to Alabama law, disorderly conduct is defined as “fighting or in violent tumultuous or threatening behavior,” making “unreasonable noise.”
Furthermore, creating “a hazardous or physically offensive condition which serves no legitimate purpose” can also be considered disorderly conduct.
The penalty for disorderly conduct is a fine of up to $500 or imprisonment for up to three months, or both.
Physical harassment is “striking, shoving, kicking or otherwise subjecting him or her to physical contact.”
The penalty for physical harassment is a fine of up to $500 or imprisonment for up to six months, or both.
“Intentionally preventing a peace officer from executing a lawful arrest of himself or another person” is considered to be resisting arrest.
The penalty for resisting arrest is a fine of up to $6,000 or imprisonment for up to one year, or both. Mims has retained a legal team led by attorney Juandalynn Givan, a state representative.
Givan said in a statement that Mims’ legal team will investigate the incident, along with the Alabama Education Association, and intends to take legal action against the Birmingham Police Department.
He also said the director was “unlawfully arrested” and “brutalized” by the police and accused them of violating Mims’ civil rights and using excessive force.
Adding to the statement, Givan said he was following a long-standing tradition of HBCU bands that were not respected by the police.
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The Birmingham Police Department has requested the public’s patience and cooperation as it conducts an internal event review.
Chief Scott Thurmond said he is committed to maintaining a positive relationship with the community through transparency and open dialogue.
