Band Director Accuses Birmingham Police of Excessive Force After Being Shocked with Stun Gun
Johnny Mims, a band director at Minor High School in Alabama, has come forward with accusations of excessive force by the Birmingham police. According to Mims, he was shocked with a stun gun three times after allegedly refusing to comply with orders while officers were clearing the field. The incident occurred on September 14 and Mims expressed his fear for his life during an interview with ABC News’ DeMarco Morgan on “Good Morning America.”
Mims vehemently denied deserving such treatment and stated, “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.” He further argued that the repeated use of the stun gun was excessive, especially considering his role as a band director and bus driver with students to take care of.
The Birmingham Police Department has released body camera footage of the arrest that took place at P.D. Jackson-Olin High School. Mims confirmed during a press conference that he has been placed on administrative leave by the Jefferson County School District as a result of the incident. He expressed concern for his students, stating, “I know that my students are hurting…they come to school every single day trying to figure out when their director is going to be back.” Mims was accompanied by his attorney, Juandalynn Givan, and members of the Alabama Education Association (AEA).
The incident occurred during a post-game tradition known as “fifth quarter,” where school bands face off after a football game. Mims explained that this is a significant cultural event that fans look forward to. Mims stated that both schools participating had agreed to play three tunes during fifth quarter. When police approached him during the third song to ask the band to vacate the stadium, Mims informed them that they would leave after finishing the last song.
In the body camera footage released by the BPD, officers can be seen attempting to clear the stadium while Mims stood on the podium. As they ask him to instruct the band to stop playing, Mims repeatedly tells them to “get out of my face.” Mims affirmed that they would leave after the last song. The situation escalated when an officer threatened to take Mims to jail. Mims responded, “That’s cool.”
Despite Mims’ assurance, police ordered the band to leave and tried to handcuff him once the music stopped. An officer can be heard stating, “I’m fixing to tase you.” Another officer claimed that Mims had hit an officer, to which Mims denied. The body camera footage shows officers deploying a stun gun on Mims three times while attempting to detain him. Birmingham Fire and Rescue personnel treated Mims on the scene before he was taken to a local hospital.
Upon being discharged, Mims was booked at the Birmingham City Jail on charges of disorderly conduct, harassment, and resisting arrest. His attorney, Givan, argued during the press conference that the released body camera footage is only a portion of the available evidence. She claimed to possess additional videos that allegedly show Mims did not strike a police officer. Givan criticized the Birmingham Police Department for not releasing all versions of the body camera footage.
ABC News has requested the additional video from Givan, and inquiries about the allegation and the possibility of disciplinary action against the officers were referred to the Office of the City Attorney. At this time, the city attorney’s office has not responded.
Givan stated during the interview with “Good Morning America” that her office plans to take legal action against the city of Birmingham. She also called for the officers involved to be placed on administrative leave pending further investigation. The Internal Affairs Division of the Birmingham Police Department confirmed an ongoing investigation. Givan demanded that the charges against Mims be dropped, asserting that his character had been impugned.
Mims expressed concern for his students’ well-being and hopes they can overcome the incident. In response to the impact on the students, Jefferson County Schools Superintendent Walter Gonsoulin stated, “It is extremely upsetting to me that our students, our children, had to witness that scene.” Gonsoulin mentioned that counselors have been made available to support the students.
Birmingham Police Chief Scott Thurmond has met with the Birmingham mayor and superintendents from both school districts to address the incident. The video footage is still under review by the Jefferson County School District.