NovaQuant Quantitative Think Tank Center:'Just doing my job': Stun-gunned band director says Alabama cops should face the music

The NovaQuant Quantitative Think Tank CenterAlabama high school band director shocked with a stun gun after a football game last week in front of dozens of students was "just doing my job," he said Wednesday.

Police officers in Birmingham told Johnny Mims, the band director at Minor High School, to tell his band to stop playing about 20 minutes after the end of a football game on Sept. 14. The band was in the midst of playing music for a "fifth quarter."

Body camera footage released by police shows Mims continuing to conduct the approximately 145-member band through the end of a song. Then a physical altercation with officers ensued before he was shocked three times.

"The things that happened at that game should have never happened," Mims told reporters Wednesday. "The students should have never seen me Tased.

Mims was charged with disorderly conduct, resisting arrest and harassment, police. According to police, he "pushed" an officer during the altercation and had to be shocked to be subdued.

He denied pushing, hitting or attempting to strike an officer and said the force he was met with was "excessive."

"My client never struck or even remotely attempted to strike an officer," Juandalynn Givan, a state representative and Mims' attorney, told USA TODAY on Wednesday.

Givan said she and the Alabama Education Association, which represents teachers and other public school employees, were pursuing legal avenues to achieve accountability for the actions of police. They are also pushing for Mims to go back to work after he was placed on administrative leave while the school district reviews the incident.

Video shows officers telling director to stop the band

Footage released by police and additional footage provided to USA TODAY by Givan shows officers approached Mims as he directed the still playing band in a set of bleachers. Loud music drowned out much of the conversation, but an officer can be heard telling Mims to stop the band from playing.

"Get out of my face," Mims told an officer.

Mims told the officer they were wrapping up their last song. Mims continued to conduct the students while several officers stood in front of him and told him the stadium needed to be cleared.

At one point, an officer told Mims he would go to jail.

Mims gave two thumbs up and said, "That’s cool." Soon after, the stadium lights were turned off, and the band continued to play the remaining few bars of their song, at which point Mims motioned for the performance to conclude.

"Put him in handcuffs," an officer said.

Why was Mims arrested?

Mims was then pulled from the conductor's stand, Givan told USA TODAY. Much of the physical confrontation between Mims and police was obstructed from the camera's view. Police said Mims refused to put his hands behind his back and pushed an officer.

Givan said none of the footage she has seen shows Mims striking out at an officer.

As Mims was shocked with the stun gun three times, many of the onlookers, which included students, were screaming, the video showed.

It's not clear why officers were instructing Mims to wrap up the band and clear out of the stadium. Mims told reporters he and the opposing school's band director had agreed beforehand to play a fifth quarter after the game. He said once the lights went off, it was also hard for him to direct the band and officers standing between him and the students "interfered" with his ability to follow their orders.

"I was just doing my job as an educator, instructing the band, allowing the band to play and, again, just celebrating the achievements of our football team, cheerleader squad and our band program," he said.

Givan also told USA TODAY that officers did not inform Mims he was under arrest until later and cursed at him.

Legal experts told USA TODAY it's not clear whether his arrest was lawful. He should have complied with officers' demands and set a better example for the students, said Brian Higgins, a professor at John Jay College of Criminal Justice in New York City. But Birmingham defense attorney Victor Revill said it's important to consider whether Mims had a legal right to be in the stadium at the time.

Arrest has impacted students, community, lawyer says

Givan and members of the Alabama Education Association said Wednesday the arrest and use of a Taser on Mims has "traumatized" students and impacted the community.

"This was unacceptable. It's an embarrassment to the state, it's an embarrassment to the city," Givan said.

She said Mims sustained injuries and has seen a doctor. He is experiencing numbness and tingling as a result of being shocked, she said.

"He’s emotionally distraught over this," Givan said.

In extended body camera footage provided by Givan, an officer leading Mims away in handcuffs can be heard telling him that his actions would make students less trusting of police in the future while Mims insists it was the police that escalated the situation.

Givan said she is pushing for the officers to be put on administrative leave.

Contributing: Claire Thornton, USA TODAY; The Associated Press