Johnny Mims denies attempting to strike Birmingham police: ‘I was just doing my job’

Johnny Mims denies attempting to strike Birmingham police: ‘I was just doing my job’

The tasing and arrest witnessed by Minor High band members on Wednesday “should never have happened,” band director Johnny Mims said Wednesday morning.

Mims was arrested Thursday night by Birmingham police after officers ordered the band to leave mid-song following a game at Jackson-Olin High School.

Officers deployed a stun gun on Mims multiple times in front of students and parents before arresting him.

“It’s heartbreaking, it’s traumatizing….There’s no way to explain how I am doing because I know my students are hurting,” Mims said.

Mims was charged with disorderly conduct, harassment and resisting arrest. He is on administrative leave with pay pending ongoing investigations.

Multiple videos of the incident circulated on social media this weekend and police on Monday shared body cam video.

State Rep. Juandalynn Givan and the Alabama Education Association’s Legal Department are representing Mims.

“We feel it was an assault on him physically as well as his character,” Givan said at a press conference Wednesday morning.

Mims never struck or attempted to strike an officer, Givan said. “I was just doing my job,” Mims said.

AL.com is reaching out to Birmingham police for the department’s response.

Givan said she is reviewing all body camera footage and is in discussions with Birmingham city attorneys. “We stand firmly by our belief that this was excessive force, unnecessary and unwarranted,” Givan said.

Givan said she will be releasing body cam footage that police did not release.

“We cannot allow violence to handle these situations. This is an example of how not to do things in a school situation,” said lead attorney for AEA Theron Stokes.

Stokes said this incident will further damage public’s perception of law enforcement. “The impression that those students received from this situation will be there with them for life.”

Stokes added: “I guarantee you, Mr. Johnny Mims did not wake up Thursday morning… to be treated like a criminal.”

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

“This incident is an alarming abuse of power and a clear violation of our client’s civil rights,’’ Givan said on Monday. “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.”

In some HBCUs and predominantly Black high schools, once the football game ends, bands stay on to play for families and supporters in what is commonly called the “The 5th Quarter.”

Mims’ band was playing “Talkin’ Out the Side of Your Neck” Thursday night, about 18 minutes after the game ended, when Birmingham police officers approached school staff.

Police contend Mims didn’t comply with their order to make his band stop playing. Police wanted to clear the stadium following the end of the Sept. 14 game between Minor and Jackson-Olin high schools, which was played in Birmingham.

“I didn’t deserve to be tased, regardless of how people say it or how people feel about it. I never deserved that. I’m a good citizen,” Mims told ABC News’ DeMarco Morgan on Wednesday.

“To hear those kids cry … [that] is the most heartbreaking thing that anybody can ever experience,” Mims said.

The 7-minute body cam video shows an officer approaching a Minor staff member and an officer saying, “It’s time to go.” The band was still in the stands playing.

They then approached Mims, who said repeatedly, “Get out of my face,” to the officers. Mims said the band was almost done playing.

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

After continued back and forth, the field lights turned off and a sergeant yelled, “Put him in handcuffs.” Mims then signaled the band to end the song.

Police repeatedly told Mims to put his hands behind his back but were unable to secure the second handcuff. The video shows officers using a Taser on Mims three times.

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 a Facebook post, one student claimed police threatened to mace band members if they didn’t leave the scene.

“It’s extremely upsetting to me that our students, our children, had to witness that scene. Nothing is more important than their well-being,” superintendent Walter Gonsoulin said on Tuesday, noting that counselors would be talking with students this week about the incident.

Mims was also the driver of the band bus.

“They were left alone,’’ Givan said. “I’ve had parents to call me and say their children literally did not go to bed that night. Their kids were traumatized.”

This is a developing story and will be updated.