Johnny Mims, the band director at Minor High School in Adamsville, Ala., found himself at the center of a tumultuous incident after the school"s football team secured a victory against P.D. Jackson-Olin High School in Birmingham. Following the game, Mims instructed his musicians to play three additional tunes to celebrate the triumph, a customary practice known as a “fifth-quarter" performance.
Alabama high school band director Johnny Mims was tased repeatedly and arrested by Birmingham police after he refused to immediately stop the band as it played in the bleachers following a football game.
The band was taking part in what they call "The Fifth Quarter," a segment… pic.twitter.com/crXFwicleK
— Daily Loud (@DailyLoud) September 21, 2023
However, when Birmingham Police Department officers ordered him to halt the music, Mr. Mims declined. He explained that he and the opposing team"s band director had agreed to continue playing, as per the tradition. Refusing to comply with the police"s demand, a verbal confrontation ensued. The situation escalated when officers attempted to arrest Mims. The police claim that Mims pushed an officer, prompting them to employ a Taser on him multiple times.
"We’re fixing to go, this is our last song," he says.
"You will go to jail," an officer comments.
Mims, putting his thumb up, says, "That’s cool."
Mr. Mims, 39, who received medical treatment at a hospital, faced charges of disorderly conduct, harassment, and resisting arrest. He was subsequently released on bond. The Birmingham Police Department announced that its internal affairs unit was conducting an investigation into the officers" use of force.
"We’re fixing to go. This is our last song"
Police in Birmingham AL tased and arrested a band director (and the bus driver) for allowing his band to finish playing their final song and not forcing his team to stop when commanded.
Johnny Mims was charged with disorderly… pic.twitter.com/DKRKaHg9lY
— 🥀_ Imposter_🥀 (@Imposter_Edits) September 19, 2023
“I can"t remember at that point because I was so stunned and so baffled. All I remember is he and all of my students are screaming, all of the parents crying. I mean, it was it was a horrifying situation," Mims said.
"I was just doing my job, as an educator, instructing the band, allowing the band to play," said Mr. Mims, who denied that he had assaulted an officer. "I was not trying to be defiant to the Police Department."
“All I remember is hearing all of my students screaming, all of the parents crying. It was a horrifying situation. I just hate to even have to keep talking about it."
"To hear those kids cry … [that] is the most heartbreaking thing that anybody can ever experience."
High school band director Johnny Mims speaks out after being arrested and tased by police after football game. @demarcoreports has more. https://t.co/NNwy162GUG pic.twitter.com/4ClWpJNAao
— Good Morning America (@GMA) September 20, 2023
His attorney, Juandalynn Givan, highlighted that the bands were participating in the fifth quarter, a period after games when some high schools and universities engage in band battles to determine supremacy. “It"s a very popular time during the football season amongst bands. It"s almost like a battle of the band," Givan said. This practice is popular during the football season and resembles a battle of the bands.
While Birmingham City School prohibits fifth-quarter performances due to safety concerns, the school district"s superintendent and security team reviewed videos of the incident and concluded that the security team on site had attempted to deescalate the situation.
Mr. Johnny Mims deserves all the charges dropped and he deserves an apology. The officer who shot that stun gun should be fired and arrested. I hate how every article used a picture of his mugshot when the school website has a much better photo of him. pic.twitter.com/EVS8PAfgHy
— Ryan Evans (@RyanEvansESPN) September 21, 2023
“As a safety precaution, fifth quarter performances are not allowed," Birmingham City Schools said on Wednesday.
Superintendent Walter Gonsoulin expressed his distress over the incident, particularly the impact on students, stating, “It"s extremely upsetting to me that our students, our children, had to witness that scene."
“I"ve heard we"ve had students that had to be, you know, sent to the hospital. The EMT had to be sent out because kids were having panic attacks," Mims said. The school district stated that it would not be investigating the incident.
