High school band director speaks out after getting shocked with stun gun by police
Johnny Mims, a band director at Minor High School in Alabama, is accusing Birmingham police of using excessive force against him after he was shocked with a stun gun three times after officers say he refused to comply with orders while they attempted to clear the field.
In an interview with ABC News' DeMarco Morgan that aired on "Good Morning America" on Wednesday, Mims accused police of using "excessive force" in the incident that took place on Sept. 14 and said that he feared for his life.
"I didn't deserve to be tased. 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 "GMA."
"I was on the ground. So to go and tase me twice or three times … that's excessive," he added. "I'm a band director. I'm the bus driver. So I wasn't I wasn't running … I can't go nowhere. I got students that I'm accountable for."
Mims also spoke out at a press conference on Wednesday and said that he was placed on administrative leave by the Jefferson County School District following the incident.
He was joined at the press conference by his attorney, Juandalynn Givan, and members of the Alabama Education Association (AEA), of which Mims is a member.
"I know that my students are hurting," Mims said. "I know that they come to school every single day trying to figure out when their director is going to be back because I'm always there in the morning to welcome them, to say good morning, how you doing? Like, we have that type of bond."
AEA leaders voiced their support for Mims and called on the school to let him go back to work.
The incident occurred at P.D. Jackson-Olin High School in Birmingham during "fifth quarter" – a tradition that originates at Historically Black Colleges and Universities where school bands face off, taking turns to play music after a football game comes to an end.
"It is a big cultural thing that happens amongst bands. Something that everybody looks forward to," Mims said.
"A large proportion of our fans come just to see the bands and so it's something that's not uncustomary," he added.
Mims said that bands from both schools each agreed to play three tunes during fifth quarter and during the third song is when police approached him as he stood on the podium and asked the band to vacate the stadium. Mims said that he told them they would leave after the band finished its last song.
Body camera footage released by BPD shows officers attempting to clear the stadium following the game and as they approach Mims and ask him to tell the band to stop the music, he repeatedly says, "Get out of my face."
"Cut it! We got to go," a sergeant says.
"I know. We're fixing to go. This is our last song," Mims says in response.
After an officer says something to the effect of Mims going to jail, Mims gives a thumbs up and says, "That's cool."
The band continues to play as officers order them to leave, and the sergeant yells to put Mims in handcuffs.
While attempting to handcuff the director after the band stopped performing, an officer can be heard saying, "I'm fixing to tase you."
Another officer says, "He hit the officer, he got to go to jail."
"I did not swing on the officer, man," Mims says in response.
While attempting to detain Mims, an officer deployed his stun gun on him three times, the video shows.
Birmingham Fire and Rescue personnel treated Mims at the scene before officers transported him to a local hospital, per police protocol.
Upon being discharged, Mims was booked at the Birmingham City Jail on disorderly conduct, harassment and resisting arrest charges early Friday. He was bonded out within hours, online jail records show. Police allege Mims refused to place his hands behind his back and pushed an officer during the altercation.
Givan claimed in the press conference on Wednesday that the 8-minute body camera video released by the Birmingham Police Department is only part of the footage available.
She claimed that BPD did not release all of the body camera video related to this incident and said that she has acquired additional videos that allegedly show that Mims did not strike a police officer.
"They failed to give all versions of the bodycam information to your all," Givan said. "You will see that my client never struck or attempted to strike a Birmingham police officer."
ABC News has requested the additional video from Givan.
Asked if they have additional body camera video that they didn't share and about the allegation that Mims didn't strike police, a spokesperson for BPD told ABC News on Wednesday that "those are trial questions" and referred them to the Office of the City Attorney.
The city attorney's office did not immediately respond to ABC News' request for comment.
Givan told "GMA '' in an interview that aired on Wednesday that her office plans to take legal action against the city of Birmingham and called for officers involved to be placed on administrative leave pending further investigation.
Asked if any of the officers have been disciplined, a spokesperson for the Birmingham Police Department's Internal Affairs Division told ABC News on Tuesday that an investigation is ongoing.
"I want these charges dropped against my client. His reputation has been impacted. They have impugned his character," Givan said. "We want justice for our client and we want his voice to be heard. We want him respected and we want an apology from the city of Birmingham."
Mims told "GMA" that as an educator, he is concerned about the impact the experience had had on the students, including the 145 band members that he was leading.
"Thear those kids cry … [that] is the most heartbreaking thing that anybody can ever experience," Mims said.
"My biggest prayer is that first of all, that these students will not hold a grudge that they will be able to overcome this – that they would one day be able to move forward and continue to be the great people that they are," he added.
According to BPD, Birmingham Police Chief Scott Thurmond met with the Birmingham mayor and superintendents from both school districts regarding the incident.
Jefferson County Schools Superintendent Walter Gonsoulin told ABC News that they are reviewing the video, adding that it is "extremely upsetting to me that our students, our children, had to witness that scene."
Consoulin said that he can't comment further amid the ongoing investigation but added that counselors have been made available to students.
