Legal representatives for H.S. band director address the media following his arrest

BIRMINGHAM, Ala. (WBRC) - Legal representatives for Johnny Mims addressed the media Wednesday following the band director’s arrest by Birmingham Police during a postgame performance. You can watch the recorded version below.

UPDATE: The Birmingham Police Department released body camera footage of the incident on their social media.

You can watch the video from BPD below, but a warning - the video contains graphic content and profanity, which may not be appropriate for everyone. Viewer discretion is advised.

A band director has been arrested for multiple charges following the Jackson-Olin - Minor high school football game Thursday night.

According to BPD, officers at the game were in the process of clearing out the stadium when they observed the bands from both schools still playing. Officers spoke with the band directors from both schools to end the performance so students and fans at the game could begin to leave the stadium.

After discussion, the officers were able to get the Jackson-Olin band to finish their performance. However, officers say that the Minor High School band director, Johnny Mims, did not comply with officials after multiple requests to finish the performance, and then directed his band to continue playing. During the interaction, officers made the decision to place Mims in custody for Disorderly Conduct when a physical altercation ensued between the Mims, BPD, and Birmingham City Schools System personnel.

During the altercation, Mims refused to put his hands behind his back, and the arresting officer had to subdue him with a taser. The arresting officer is alleging that Mims pushed him during the arrest.

BFRS treated Mims at the stadium and then transported him to UAB Hospital. BPD officials say this is standard protocol for this type of incident.

After being discharged from the hospital, Mims was transported to the Birmingham City Jail where he was booked and bonded out. BPD officers have presented the case to City of Birmingham Magistrate’s Office and have obtained the following arrest warrants:

Disorderly Conduct
Harassment
Resisting Arrest

Dr. Walter Gonsoulin, the Jefferson County Schools Superintendent, released the following statement:

A WBRC photojournalist was at that game until the end of the second quarter shooting highlights for WBRC Sideline. He says he noticed the two bands going back and forth, playing music loudly during game play.

One witness described the incident in a message to WBRC. She says the lights were turned off at the stadium around the time officers made their way to Mims. She says officers sprayed mace, but not directly at any children.

Givan and Associates, the attorneys representing Mims, released the following statement Monday afternoon:

In a shocking and deeply disturbing incident, the Minor High School band director was subjected to excessive force and wrongful arrest by a Birmingham Police Officer during last week’s Minor vs. Jackson-Olin football game. In response to this egregious violation of civil rights, Attorney Juandalynn Givan has been retained to represent Minor’s band director and seek justice.
The incident unfolded on Thursday, September 14, 2023 when the band director, Johnny Mims, a respected member of the community, was doing his job and directing his band during their performance — the 5th Quarter. Without any justifiable cause, a Birmingham Police Officer approached the band director, escalating the situation to an unimaginable extent. The officer deployed a taser against the band director, causing physical harm and inflicting emotional distress all while in front of his students.
Attorney Givan states, "This incident is an alarming abuse of power and a clear violation of our client's civil rights. 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. These matters should be addressed by school district administrators or other leaders with expertise to de-escalate situations like this. I am asking the Mayor of Birmingham and the Chief of Police to place all officers involved on administrative leave until further investigation. We will not rest until justice is served and those responsible are held accountable. This case highlights the urgent need for police reform, training and the protection of every citizen's rights."
The legal team, led by Attorney Givan, in conjunction with the Alabama Education Association (AEA) will investigate the incident, gather evidence, and pursue legal action against the Birmingham Police Department. The objective is not only to seek damages for the pain and suffering endured by the band director, but also to shed light on the systemic issues within law enforcement and advocate for change.
We urge witnesses and members of the community to come forward with any information that could aid in this case. Their cooperation is vital in ensuring that justice prevails and preventing such incidents from happening in the future.
Givan and Associates via Chaverst Strategies

Mims has been put on paid administrative leave. This is a standard protocol in these type of situations so the district can continue gathering facts.

The Birmingham Police Department says this incident is still under investigation by the Internal Affairs Division.

More details will be added to this story as they become available.

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