Police in Alabama have released bodycam footage from a football game at Birmingham's P.D. Jackson-Olin High School. The school was hosting Minor High School at the matchup when an altercation with Minor's band director, Johnny Mims, ensued. The footage shows Mims conducting his school's band when Birmingham police officers approach him and ask him to stop.
When Mims allegedly refused to comply with what police say were multiple attempts to stop him and the band from performing, officers tased Mims with a stun gun. The footage shocked many who believed that police went too far. Others argue that Mims disregarded orders and faced the consequences of his actions.
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Police claim they were trying to clear the field.
The Birmingham Police Department issued a statement about the September 13 incident before releasing the bodycam footage. The department said the game ended and both high school bands were still performing. Officers reportedly asked the bands to stop so they could clear the stadium. Jackson-Olin's band stopped playing, but Mims allegedly told his band to continue.
"Officers approached Minor High School's (Minor) band director and then began asking him to get his band to stop performing. Minor's band director did not comply with multiple officers' requests to stop his band from performing; he instructed his band to continue performing," the release reads.
Birmingham police said after repeatedly asking Mims to stop, they decided to arrest him.
Police said several officers got involved, including a police sergeant, but Mims allegedly refused to stop. When he reportedly resisted arrest, police said, "a physical altercation ensued between the band director, Birmingham City Schools System Security personnel, and BPD officers."
During the altercation, Mims allegedly refused to put his hands up. Because he didn't comply with officers, they "subdued the band director with a Taser, which ended the physical confrontation."
In the bodycam footage, an officer can be heard saying, "I'm fixing to tase you." Then another officer says, "He hit the officer, he got to go to jail," per ABC News.
Mims responds, "I did not swing on the officer, man." He is subsequently tased three times.
The video footage tells a similar story.
During the video clip, officers are shown asking Mims to stop. He seems to ignore their requests and continues, telling the officers multiple times to get out of his face. A BPD officer says to Mims, "Cut it! We got to go."
He replies, "I know. We're fixing to go. This is our last song." Police explain to Mims that he will go to jail if he continues, to which he gives a thumbs up and says, "That's cool."
The footage shows a chaotic scene with Mims being tased and the crowd around him erupting with emotion. BPD said he was treated at the scene before he was taken to a local hospital, per police protocol. He was later arrested and booked on disorderly conduct, harassment, and resisting arrest charges.
Mims tells a different story.
The band director spoke with ABC 13 and said he couldn't believe what had happened. "I can't remember at that point because I was so stunned and so baffled. All I remember is he and all of my students are screaming, all of the parents crying. I mean, it was it was a horrifying situation," Mims said.
His attorney, Juandalynn Givan, said the bands were performing in the "fifth quarter." It is a tradition in some high schools and historically Black colleges and universities where the opposing teams have a bit of a battle of the bands at the end of the game to see who is better.
According to a statement from Birmingham City School obtained by ABC 13, the fifth quarter is not allowed for safety reasons. Superintendent Walter Gonsoulin said it was sad to watch. "It's extremely upsetting to me that our students, our children, had to witness that scene," he said.
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The school district is not investigating.
Although the fifth quarter is reportedly against the rules, ABC 13 reported that the district will not investigate the incident. At this point, Mims is still employed. The Alabama Education Association planned to address the situation in a news conference Wednesday.
Birmingham police said the incident is under investigation.
"I've heard we've had students that had to be, you know, sent to the hospital. The EMT had to be sent out because kids were having panic attacks," Mims said, according to ABC 13.
