Attorneys for Minor High School band director Johnny Mims are asking that criminal charges against him be dismissed.

Mims, tased and arrested during a confrontation with Birmingham police month, was in the courtroom of Birmingham Municipal Judge Jeffrey Gilliam on Thursday.

No action was taken in the case, but Gilliam set a Dec. 6 hearing on the motion to dismiss. City prosecutors have 14 days to file their response to motion to dismiss.

Mims is represented by attorneys state Rep. Juandalynn Givan, Ontario Tillman and Reginald McDaniels.

“We are working to bring some type of resolution to this matter, one in which my client can be vindicated of the charges brought against him by the City of Birmingham,’’ Givan said.

“Our main goal is to make him whole,’’ Givan said. “We’re not going to accept anything short of a dismissal and we are prepared to move forward no matter what happens here in the court for a fair and just vindication of Mr. Mims in this matter.”

Mims remains on paid administrative leave.

“We get calls every day from parents who want him back at work,’’ Givan said. “They want this matter resolved.”

“They are demanding justice,’’ she said. “For him, it’s the heartbreak of what happened, the humiliation.”

Read full coverage of the case here

The ordeal began Thursday, Sept. 14, during the Jackson-Olin High School vs. Minor High School football game, which was played at Jackson-Olin.

Birmingham police contended 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.

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 alleged 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. He was taken 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.

Mims’ lawyer, state Rep. Juandalynn Givan, who represents Mims, has previously 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.

A seven-minute video released by police shows the events that happened that night, which was 18 minutes after the game ended.

The video showed 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 said repeatedly, “Get out of my face,” to the officers.

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

Mims continue to direct the band.

A female sergeant said, “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.

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

The officer told Mims they had to leave then, to which he again replied, “Get out my face.” Mims ended up repeating that phrase seven times to officers.

The officer asked, “What you gonna do?”

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

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

The field lights were then turned off.

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

Chaos ensued.

An officer attempted to arrest Mims, and was heard yelling, “Get off of me, bruh.”

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

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

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

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

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