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(BIRMINGHAM, Ala.) — Police have released body camera footage involving the arrest of an Alabama high school band director who was shocked with a stun gun after officers say he refused to comply with orders to stop playing and resisted arrest.

The incident occurred Thursday at P.D. Jackson-Olin High School in Birmingham, following a game against Minor High School.

Officers were attempting to clear the stadium following the game when the altercation occurred with the Minor High School’s band director, according to the Birmingham Police Department.

“Officers approached Minor High School’s band director and then began asking him to get his band to stop performing,” the department said in a statement. “Minor’s band director did not comply with multiple officers’ requests to stop his band from performing; he instructed his band to continue performing.”

The nearly 8-minute video shows several officers approach the band director, Johnny Mims, as the band is performing. Mims repeatedly says, “Get out of my face,” as officers tell him to tell the band to stop, the video shows.

“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.

The incident remains under investigation by the Birmingham Police Department’s Internal Affairs Division, a department spokesperson told ABC News on Tuesday.

The Birmingham police chief has met with the Birmingham mayor and superintendents from both school districts regarding the incident, a department spokesperson said upon releasing the footage.

Mims’ attorney, Juandalynn Givan, has called for the officers involved to be placed on administrative leave “until further investigation,” adding the incident “highlights the urgent need for police reform, training and the protection of every citizen’s rights.”

“This incident is an alarming abuse of power and a clear violation of our client’s civil rights,” Givan, who is also a member of the Alabama House of Representatives, said in a statement. “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.”

Givan’s office said they plan to pursue legal action and “seek damages for the pain and suffering endured by the band director.”

Minor High School is in the Jefferson County school district. District leadership is currently reviewing the video, Jefferson County Schools Superintendent Walter Gonsoulin said.

“My initial reaction is sadness,” Gonsoulin said in a statement. “It’s extremely upsetting to me that our students, our children, had to witness that scene. Nothing is more important than their well-being.”

Counselors have been made available to students, he said.

Gonsoulin added he is not commenting further pending the review of the incident.

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(HAHNVILLE, La.) — A missing kayaker from Louisiana has been arrested for faking his own death by drowning in an apparent bid to dodge rape charges, according to the St. Charles Parish Sheriff’s Office.

Melvin Phillip Emde, 41, was arrested by authorities in Georgia over a month after his son, Seth, allegedly reported him missing.

Emde’s son allegedly told police his father fell out of a kayak and drowned while on the Mississippi River in Hahnville, Louisiana, according to the St. Charles Parish Sheriff’s Office.

After he was reported missing, detectives learned that Emde had pending charges of indecent liberties with a child and statutory rape of a child by an adult in North Carolina. He was due in court just one day after being reported missing, authorities said.

“We immediately became quite suspicious that this may have been a faked accidental drowning and death in order for Mr. Emde to escape charges in Brunswick County, North Carolina. However, we could not publicly expose our suspicions for fear of tipping him off,” St. Charles Parish Sheriff Greg Champagne said in a statement.

The sheriff’s office discovered Emde was wearing an ankle monitor as a condition of bail. Further investigation revealed that Emde purchased two prepaid phones at a Walmart on the day of his alleged drowning, the sheriff’s office said.

St. Charles Parish sheriff’s detectives worked with authorities in North Carolina and the U.S. Marshals Service to track the phones. Police said Emde only used one of the phones and turned it on for short periods of time.

Detectives initially focused their search on Oklahoma until it became obvious that the phones were no longer being used.

On Sunday, a Georgia State Highway Patrol officer attempted to stop a motorcycle for not having a license plate, but the motorcycle fled and ultimately crashed.

The driver attempted to flee on foot but was taken into custody. The driver gave police a false name, but it was discovered that he was Melvin Emde when he was fingerprinted, according to the sheriff’s office.

“Now it’s time for Mr. Emde to face the music for his charges in North Carolina,” Champagne said in a statement.

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(NEW YORK) — A kilogram of fentanyl was stored on top of children’s play mats used for napping at the New York City day care where a 1-year-old boy died from exposure to the drug, according to a new federal criminal complaint.

Day care operator Grei Mendez and tenant Carlisto Acevedo Brito are now facing federal charges of narcotics possession with intent to distribute resulting in death and conspiracy to distribute narcotics resulting in death, according to federal prosecutors.

Mendez and Brito were initially arrested on state charges, including murder, manslaughter and assault, following the “reckless, depraved” death of 1-year-old Nicholas Dominici, prosecutors said.

Mendez called 911 on Friday afternoon reporting that several children were unresponsive at her facility in the Bronx.

Three other children, ranging in age from 8 months to 2 years, were hospitalized and treated with Narcan and are now recovering, police said. An analysis of urine from one of the victims confirmed the presence of fentanyl, officials said.

Since July, Mendez and Brito maintained large quantities of fentanyl “despite the daily presence of children, including infants,” the complaint said.

Mendez and Brito were arraigned on the state charges Sunday night and held without bail.

Mendez’s attorney said she was unaware drugs were being stored in her day care by Brito, her husband’s cousin, to whom she was renting a room for $200 a week.

Authorities are still seeking Mendez’s husband for questioning.

City health inspectors conducted a surprise inspection of the facility on Sept. 6 and did not find any violations, according to City Health Commissioner Ashwin Vasan.

“I’m very sorry, but one of the things that my child care inspectors are not trained to do is look for fentanyl. But maybe they need to,” Vasan said at a news conference Monday evening.

 

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(NEW YORK) — The gun used in the ambush killing of a Los Angeles County sheriff’s deputy appears to have been purchased legally, without raising any red flags regarding the suspected gunman’s mental health, two law enforcement officials briefed on the probe told ABC News.

Investigators are trying to determine whether the suspect, Kevin Salazar, had an officially documented history of psychiatric problems and whether that would have or should have triggered red flags that might have stopped him from buying a gun.

Deputy Ryan Clinkunbroomer, 30, was on duty, in uniform and in his patrol car when he was shot while stopped at a red light outside the Palmdale Sheriff’s Station Saturday night. The motive remains unclear.

Salazar, 29, was arrested on Monday.

Multiple law enforcement sources told ABC News Monday night that Salazar confessed to investigators.

Salazar’s mother told ABC News that she had reported concerns over her son’s mental health to law enforcement, but it remains unclear whether any such reports would have risen to a level that should have blocked her son from being able to legally purchase a gun. The Los Angeles County Sheriff’s Department has not commented on whether Salazar’s mother contacted them about her son’s mental health.

Clinkunbroomer was “ambushed by a coward,” Sheriff Robert Luna said Monday.

“Ryan’s family will never see him again,” the sheriff said, overcome with emotion.

Clinkunbroomer, an eight-year veteran of the sheriff’s office, “was a dedicated, hard-working deputy sheriff,” Clinkunbroomer’s family said in a statement read on Monday by the sheriff.

“Ryan was recently engaged to the love of his life,” his family said, and he made “the ultimate sacrifice.”

 

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(ORLANDO) — A delivery driver was dropping off a package at a Florida home when she was bitten by a highly venomous eastern diamondback rattlesnake, authorities said.

The woman was hospitalized in “very serious condition,” the Martin County Sheriff’s Office said.

The incident took place Monday evening in Palm City, about 40 miles north of West Palm Beach. The snake, which was coiled up near the front door, bit the driver as she put the customer’s package down and she “immediately became ill,” the sheriff’s office said.

The victim was last listed in serious but stable condition, a sheriff’s office spokesperson said Tuesday.

The highly venomous eastern diamondback is very common to the area, the sheriff’s office said.

The snakes are brown, yellow or tan, and they have black, brown and cream diamonds, according to the Florida Fish and Wildlife Conservation Commission.

They’re an average of 3 to 6 feet long. When coiled, an eastern diamondback “can strike up to two-thirds its body length to inject its prey with venom,” the FWC said.

To avoid a rattlesnake bite, sheriff’s office spokesperson Christine Weiss recommended to always look down while walking.

“If you are scrolling through a phone while walking or at all distracted, you might not see them until it’s too late,” she told ABC News via email.

“Rattlesnakes will typically rattle, or make a distinctive defensive noise if they are agitated, feel threatened or about to strike,” she added. “So if you are wearing ear pods and not listening to the outside element, you will not likely hear that warning.”

“Use caution when moving planters, pots, pieces of lumber or even tree limbs,” Weiss continued. “Expect them. They are here and there a lot of them.”

 

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(NEW YORK) — Costco shoppers with an early craving for fall vegetables should check their fridge or freezer for pre-cut butternut squash that the big box retailer recently recalled due to possible E. coli contamination.

New Jersey-based food manufacturer Safeway Fresh Foods of Vineland, New Jersey, sent a letter to members, shared by Costco on the recalls page, who may have bought the affected product — 2-pound plastic clam shell containers of pre-cut organic butternut squash — from D.C., Maryland, Pennsylvania and Virginia Costco locations.

The wholesaler announced that impacted items bear the number #20522 above the barcode, and were purchased between Sept. 7 and Sept. 15, 2023.

The food producer wrote in its letter to Costco members that it had issued the recall “due to the discovery of E-Coli O45 in a single sample during routine testing by our Lab.”

“Only product with the 09/19/2023 date code is affected by this recall. If you have any product with this date code remaining, do not consume. Please return the item to your local Costco for a full refund,” said Howard Willis, Safeway Fresh Foods director of food safety.

People can become ill one to 10 days after consumption of Shiga toxin-producing E. coli — or STEC — bacteria, according to the Centers for Disease Control and Prevention. Symptoms of infection include vomiting or diarrhea (sometimes bloody) that worsens over several days, according to the CDC, and most people recover within a week, though some may develop a more severe infection.

 

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(NEW YORK) — The 150-year-old banyan tree that was heavily damaged in the Maui wildfire in August is beginning to sprout new leaves, a sign of hope and progress amid the ongoing recovery efforts in the historic town of Lahaina.

The 60-foot tall Indian banyan tree covers one quarter of a mile and shades nearly two-thirds of an acre, according to the Lahaina Restoration Foundation. It has become a beloved landmark in Lahaina.

Fresh leaves are now sprouting thanks to the local arborists who volunteered their time to save the tree, according to the Hawaii Department of Land and Natural Resources. The organization says the new growth indicates positive signs for the tree’s long-term recovery.

Arborist Steve Nimz of Tree Solutions Hawaii inspected the tree and “found no significant signs of singeing, charring or cracking on the main trunk or most of its more than 40 aerial roots,” according to local news outlet Honolulu Star-Advertiser. Nimz also found live tissue in the tree’s cambium and said the soil under the tree does not appear to be burned.

The outlet added that the ground surrounding the tree “has been aerated to improve drainage, and is getting regular servings of nutrient-rich “compost tea.”

The Lahaina Restoration Foundation says this is the largest banyan tree in the country and Lahaina’s courthouse square was renamed “Banyan Tree Park” in its honor.

The Lahaina wildfire, which is now 100% contained, has affected an estimated 2,170 acres. At least 97 people were killed and thousands of structures were destroyed in the blaze.

Lahaina, the former capital of the Kingdom of Hawaii, has been on the National Register of Historic Places since 1962 for its cultural and historical significance.

 

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(NEW YORK) — Rudy Giuliani owes nearly $1.4 million to the law firm that defended him during numerous criminal, civil and Congressional investigations, the firm, Davidoff Butcher & Citron LLP, said in a new lawsuit filed Monday in New York.

Giuliani has paid $214,000 to the firm since November 2019, when he retained Robert Costello, a partner at the firm, the lawsuit said.

Costello represented Giuliani during criminal investigations in New York, Georgia and Washington, the House Jan. 6 investigation, 10 civil lawsuits in various state and federal courts, and disciplinary proceedings involving Giuliani’s law license.

“In breach of the Retainer Agreement, Defendant failed to pay Plaintiffs the balance of $1,360,196.10 of the total amount owed, although duly demanded,” the lawsuit said.

Giuliani made a payment to the firm last month in the amount of $10,000.

The lawsuit marks a stunning turn in the relationship between Giuliani and Costello, which dates back around 40 years when Giuliani was U.S. District Attorney in Manhattan and Costello was one of his deputies.

Costello declined to comment.

A spokesman for Giuliani did not immediately return a request for comment.

Giuliani recently pleaded not guilty to criminal charges in Fulton County, Georgia that accused him of conspiring with former President Donald Trump and 17 others to overturn the results of the state’s 2020 presidential election. He is represented by local counsel.

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(NEW YORK) — An attorney defending former President Trump from charges that he falsified business records in New York has no conflict in the case despite prior dealings with Stormy Daniels, the adult film actress whose $130,000 hush payment by Trump is central to the case, a judge decided Monday.

In a letter to defense attorney Joe Tacopina, Judge Juan Merchan wrote that “there is no conflict,” as Tacopina himself told the court when Trump was arraigned earlier this year.

“I have said from Day One there is no conflict,” Tacopina said in a statement to ABC News following the judge’s decision. “Now the court has said the same.”

Tacopina had been contacted about representing Daniels prior to her choosing since-disgraced attorney Michael Avenatti, who was later convicted of stealing her book advance.

Trump in April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with the hush money payment, which was made to Daniels days before the 2016 presidential election in order to keep her from going public about a long-denied affair.

The payment was arranged through Trump’s then-attorney Michael Cohen, and Trump is accused by the Manhattan district attorney’s office of falsifying the records related to his monthly reimbursements to Cohen.

Despite finding no conflict with Tacopina, the judge said he would “revisit this issue with Mr. Trump when he next appears virtually on Feb. 15, 2024.”

The judge also said Tacopina would not participate in any examination of Daniels if she is called as a witness at trial.

The case is set to go to trial in March.

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(LOS ANGELES) — A suspect has been arrested in the fatal shooting of a Los Angeles County sheriff’s deputy who was ambushed at a red light, authorities said.

The suspect, 29-year-old Kevin Salazar of Palmdale, barricaded himself inside a house for several hours before his arrest Monday morning, Sheriff Robert Luna said at a news conference.

Deputy Ryan Clinkunbroomer was fatally shot around 6 p.m. Saturday.

Clinkunbroomer, who was on duty, was in uniform and stopped at a red light outside the Palmdale Sheriff’s Station when a gray Toyota Corolla pulled up alongside his patrol car, authorities said.

After the Corolla drove away, Clinkunbroomer’s cruiser remained at the light, where a “good Samaritan discovered him unconscious in his vehicle and promptly alerted Palmdale Station personnel,” authorities said.

Clinkunbroomer, 30, was hospitalized and later died of his injuries, police said.

Clinkunbroomer was “ambushed by a coward,” the sheriff said Monday, adding that a motive is unknown.

“Ryan’s family will never see him again,” the sheriff said, overcome with emotion.

“Our son Ryan was a dedicated, hard-working deputy sheriff,” Clinkunbroomer’s family said in a statement read on Monday by the sheriff.

“Ryan was recently engaged to the love of his life,” his family said, and he made “the ultimate sacrifice.”

Investigators on Sunday had asked for information about the Toyota Corolla, which they described as a dark-colored sedan with a model year between 2006 and 2012. It was being sought as a “vehicle of interest,” according to a special bulletin.

Sharing details on the Corolla led investigators to the suspect and the car of interest, the sheriff said Monday.

Luna said Monday that authorities are confident they have the right suspect in custody, but the sheriff said he’s “still asking people to come forward and give us any piece of information they believe that they have” as the case moves to the prosecution phase. No other suspects are believed to be involved, the sheriff said.

Asked by ABC News if the attack was random, the sheriff said it was not clear.

“I have no doubt that our homicide investigators will get to the bottom of why something that makes absolutely no sense occurred,” he said.

Clinkunbroomer was an eight-year veteran of the sheriff’s office who “served the Palmdale and Antelope Valley communities without absolute distinction,” Luna wrote on social media.

“He was a third generation deputy. His father and grandfather served with us,” the sheriff wrote. “He was cowardly shot while working tirelessly to serve our community.”

“Our hearts go out to his family. We cannot fully understand their pain, but we will stand with them,” the sheriff said.

ABC’s Alex Stone reports:

ABC News’ Amanda M. Morris and Marilyn Heck contributed to this story.

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