‘Get out of my face’: Birmingham police release body cam video of Minor High band director’s arrest

‘Get out of my face’: Birmingham police release body cam video of Minor High band director’s arrest

Birmingham police on Monday released body camera footage of the arrest of a Jefferson County high school band director, who was also tased.

Johnny Mims, who took over as Minor’s band director in 2018, is charged with disorderly conduct, harassment and resisting arrest.

Police contend Mims didn’t comply with their order for his band to stop playing so they could clear the stadium following the end of the game between Minor High and Jackson-Olin High Schools, which was played Thursday night in Birmingham.

School officials on Monday said Mims is on administrative leave with pay – which is standard protocol – while they continue to investigate and gather facts.

Birmingham Police Chief Scott Thurmond met with Mayor Randall Woodfin, City of Birmingham leadership, BPD leadership, Birmingham City Schools Director Dr. Mark Sullivan, and his leadership team, as well as Jefferson County Schools Superintendent Dr. Walter B. Gonsoulin Jr. and his leadership team.

The seven-minute video was released at Thurmond’s request.

It shows an officer approaching a Minor High School staff member and an officer saying, “It’s time to go.” The band is still in the stands playing.

They then approach Mims, who says repeatedly, “Get out of my face,” to the officers.

A male officer says, “I got my troops coming and they gonna sweep their asses out.”

Mims continue to direct the band.

A female sergeant says, “Load them up before I contact the superintendent.”

Mims tells the officers that they’re about to leave when they finish their final song.

They continue to go back and forth. When the officers say they’re going to contact the school, Mims says, “That’s cool,’’ and instructs the band to keep playing.

“We got to go. The minutes are over,” the sergeant says. Mims replies, “We’re fixing to go. This is our last song.”

The officer tells Mims they have to go now, to which he again replies, “Get out my face.”

The officer asks, “What you gonna do?”

The sergeant says they are contacting the school and the officer warns Mims he will go to jail. “That’s cool,” Mims says, holding up two thumbs.

Mims then directs the band to continue to play. “Are you going to keep going?” the officer asks.

The field lights are then turned off.

The sergeant is heard yelling, “Put him in handcuffs.” Mims then signals the band to end the song.

Chaos ensues.

An officer attempts to arrest Mims, and he is yelling, “Get off of me, bruh.”

Police get one handcuff on Mims, but can’t secure the second side.

A male officer is heard to those trying to intervene, “Tell (Mims) to stop.”

An officer can be heard saying, “I’m fixin to tase you” to Mims.

Moments later an officer says, “He going to jail. He hit the officer. He’s gotta go to jail.”

Mims replies, “I did not swing on the officer.”

Police repeatedly tell him to put his hands behind his back. That’s when an officer deploys a Taser stun gun.

The first stun had no effect and Mims is then struck two more times with the stun gun.

Multiple cell phone videos have been shared on social media. They show a tight group of people arguing, including Mims, just below the bleachers. An officer deploys the stun gun at Mims, who is facing him. It appears to strike him in the mid torso area.

“In front of the kids?” a woman can be heard shouting in the video as the stun gun is used.

Mims drops to the ground. Multiple people – including band members – were watching and many witnesses could be heard yelling and screaming. Police could be seen restraining people as the arrest occurred.

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-Olin’s 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.

Birmingham Fire and Rescue Service treated Mims at the stadium.

Officers then took him to UAB Hospital, which is standard protocol after this type of incident.

After being discharged from the hospital, officers transported Mims to the Birmingham City Jail where he was booked in and subsequently bonded out.

The lawyer for the Minor High School band director tased and arrested by Birmingham police last week is calling for the suspension of all officers involved.

State Rep. Juandalynn Givan, who represents Mims, earlier Monday called the incident an egregious violation of civil rights, and said Mims was subjected to excessive force and wrongful arrest.

Givan said Mims is a respected member of the community and was doing his job and directing the band during their “5th Quarter” performance.

“Without any justifiable cause, a Birmingham police officer approached the band director, escalating the situation to an unimaginable extent,’’ Givan said. “The officer deployed a taser against the band director, causing physical harm and inflicting emotional distress all while in front of his students.”

“This incident is an alarming abuse of power and a clear violation of our client’s civil rights,’’ she said. “It is unacceptable for law enforcement to engage in home rule in the field of play or with regard to band activities unless there is a significant threat to the safety of the general public.”

Givan said such matters should be addressed by school district administrators or other leaders with expertise to de-escalate those types of situations.

Givan called on the city and police officials to place all of the officers involved on administrative leave pending further investigation.

“We will not rest until justice is served and those responsible are held accountable,’’ Givan said. “This case highlights the urgent need for police reform, training and the protection of every citizen’s rights.”