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The man, Win Rozario, 19, had called 911 and seemed to be in mental distress, officials and his family said. The police appeared to shoot him at least four times.
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The Justice Department will determine if allegations of widespread violence and improper searches amount to a pattern of discrimination in the department.
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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." He later told police that the band was "fixing to leave" after they finished their last song.
"We gotta fix this. You know, I don’t like this. We gotta fix this. We gotta come up with something," the officer said as he walked Mims to the police car. "Right now, I care about them babies on that bus that just got left. I care about them babies that aren’t going to be able to trust the police just because of these situations."
Years of messages from an encrypted WhatsApp text thread show conversations of sheriff’s deputies, including those who terrorized Mississippi residents.
The altercation occurred at a migrant shelter in Queens following a dispute between the man and a shelter employee. New York City officials are investigating.
BPD released a nearly 8-minute clip of the incident last week that shows Mims refusing to comply and then being shocked three times by police, but Mims’ attorney, Juandalynn Givan, shared additional body camera footage of the incident with ABC News that shows the moments after Mims was arrested, including a conversation he had with the officer who shocked him during the incident.
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The officer, who is Black, said he is concerned this incident will fuel the children's mistrust of police, and told Mims they need to "fix this" and find a way to "bridge the gap" between police and the children.
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Mims expressed concern over how this incident impacted the students in an interview with "Good Morning America" that aired on Wednesday. "To hear those kids cry … [that] is the most heartbreaking thing that anybody can ever experience," Mims said.
After seeing video of officers firing at a knife-wielding man, the cousin of a bystander who was badly hurt in the shooting said the mayor’s explanation did not make sense.
"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.
Police allege Mims, who was charged with disorderly conduct, harassment and resisting arrest, refused to place his hands behind his back and pushed an officer during the altercation.
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In the body camera videos of the incident reviewed by ABC News, some moments of the interaction between Mims and police are not clearly visible, as Mims is not always in view and it’s dark in the stadium after the lights are turned off.
Video shows police approaching Mims during what he said was the band’s last song and asked him to ask the band to stop the music so they can clear the field.
The man, Vilmond Jean Baptiste, was in an apartment in Flatbush. The police said he was wanted on a warrant from 2022 and was a person of interest in three homicides this summer.
The man, Tyron Scott McAlpin, who also has cerebral palsy, was repeatedly punched and shocked with a Taser by the police during an arrest in August. The arrest is under investigation.
The police said they had found the man, 46, holding a knife in the hallway of a Queens apartment building when they responded to reports of an assault.
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Asked if any of the officers have been disciplined, a spokesperson for the Birmingham Police Department's Internal Affairs Division told ABC News on Wednesday that an investigation is ongoing.
"I did not let this escalate," Mims replied, adding that he told police the band was playing their last song of the night and was going to leave as soon as they finished.
A violent encounter captured on video was part of a surge in jail deaths that spurred an inquiry into the Riverside County Sheriff’s Department.
Mims, who was placed on administrative leave by the Jefferson County School District following the incident, was booked at the Birmingham City Jail and was released on bond hours later, online jail records show.
Givan told "GMA" 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.
Mississippians say they’ve been shocked with Tasers, beaten with batons, pistol-whipped and waterboarded by Rankin County deputies, for decades.
"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."
Video obtained by ABC News shows the officer accusing Mims of "swinging" on him as police led him out in handcuffs and escorted him to receive medical attention.
"I was on the ground. So, to go and tase me twice or three times … that's excessive," he said. "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."
In the moments before Mims was shocked with a stun gun, an officer can be heard saying, "He hit the officer, he gotta go to jail."
The incident took place on Sept. 14 at P.D. Jackson-Olin High School in Birmingham during "fifth quarter" – a tradition that originates at Historically Black Colleges and Universities (HBCUs) where school bands face off, taking turns to play music after a football game comes to an end.
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New body camera video obtained by ABC News shows a conversation between Johnny Mims, a band director at Minor High School in Alabama, and a Birmingham Police Department (BPD) officer who shocked him with a stun gun during an incident on Sept. 14 after Mims refused to comply with officer's orders to stop the music so they could clear the field.