News: Rolando McLain to stand trial for 2013 disorderly conduct charge Friday

[speedkilz88]

According to the police statement, officers responded to a fight about 7:30 p.m. to Pines Park on 5th Street in Decatur. About 700 people were gathered in the park, police said, and a traffic jam of cars was trying to leave the scene. Police said there was no fight at the park upon their arrival.

Two officers began directing people away from the flow of traffic and while most people followed directions, police said some remained in the street while walking away from officers.

McClain was among those who remained in the street to impede the flow of traffic and yelled "F--- the police!" to the crowd. One of the officers started after McClain, twice ordering him to stop.

McClain, who had not yet been recognized by police, responded, "You told me to walk and I'm walking," according to police.

Two officers caught up to McClain and told him he was under arrest for disorderly conduct. They instructed him to put his hands behind his back. McClain yanked his arms away from the officers as other individuals in McClain's group moved toward the officers to prevent them from arresting McClain, police said.

At that point, police said they first recognized the individual they were attempting to arrest as McClain. He continued to struggle with police. Others in the crowd moved toward the officers in an effort to calm McClain and his friends, police said.

Other officers eventually arrived and McClain was taken into custody. Police said they are still searching for those who attempted to help McClain avoid arrest.

One of the arresting officers in Sunday's incident, Michael Ferguson, sustained a minor cut on his hand in the incident, police said.

http://blog.al.com/breaking/2013/04/decatur_police_says_rolando_mc.html

"The situation could have been avoided on my part, but I was at the park in an attempt to keep my brother out of trouble as he said he was going to the park because some guys had spit on his car and had harassed him," McClain told the Madison Weekly News.

"The police were already at the park when I arrived. I tried to get my brother to calm down. Police thought I cussed them. It wasn't me. They arrested the wrong guy."

"Some of the crowd was belligerent and began yelling back at the officers," Crouch said. "One of the individuals, as he was walking off the street, yelled to the crowd, '(Expletive) the police.' "

"He never swung at the officers. He just kept jerking away from them," Crouch said. "There was some pushing and shoving between the officers and McClain's friends, and members of the crowd actually stepped in to calm his friends down and try to let the officers do their job. In fact, some pushing and shoving occurred between his friends and the members of the crowd that were trying to get them to leave the police alone."

Crouch acknowledged McClain wasn't the only individual shouting at authorities but said the former Alabama star directed his foul language at the crowd, not just the cops.

As he was being taken away, McClain told the Madison Weekly News that his thoughts turned to his uneven career: "This probably could end my chance to play football. I haven't cried in years, but I had tears in my eyes. I wasn't going to let my brother get into a fight."

http://www.nfl.com/news/story/0ap1000000164024/article/rolando-mcclain-police-arrested-the-wrong-guy

 

[speedkilz88]

Police said McClain had been seen in the area of the park several times during the day, driving a restored older-model Chevrolet Chevelle convertible. According to witnesses, the initial disturbance began after someone spat on the car, Crouch said.

The person’s identity was not known and it was unclear whether others were involved.

http://decatur.live.communityq.com/stories/Officers-McClain-told-crowd-Expletive-the-police,118204

 

[BigStar]

Thanks for these details SP88.

 

[Blackspider214]

Resisting arrest can include "walking away" after an officer places their hand on your shoulder. I'm talking 5 feet...They make it into whatever they need to.

Exactly. A lot of charges out there can be very vague. Like you said, a resisting arrest can be given for just moving your hands away up to literally fighting the cops off you. Now the arrest report will go into detail of what happened but the charge on paper would be the same for both.

 

[CCBoy]

There is the recent news reel of the man who was put into a choke hold when he was disturbed...and died from heart damage.

 

[FuzzyLumpkins]

Resisting arrest...for disorderly conduct.

This is the biggest farce in the American criminal justice system I've seen in a while.

I don't put much past rural Mississippi politics.

 

[Section446]

Not counting on him making the team anyway.

 

[speedkilz88]

I don't put much past rural Mississippi politics.

Psst, Alabama.

 

[xwalker]

http://decatur.live.communityq.com/stories/Officers-McClain-told-crowd-Expletive-the-police,118204

He needs to watch Chris Rock's video, "How not to get your arse kicked by the Police".

For anybody that hasn't seen it, I recommend watching it on youtube. It's really funny.

 

[FuzzyLumpkins]

Psst, Alabama.

Northern AL and MS are not all that different but you are correct. You can throw much of GA in there as well.

 

[casmith07]

Psst, Alabama.

Same difference.

 

[CyberB0b]

http://www.nfl.com/news/story/0ap100...conduct-charge

I'm pretty sure he has the right to say that. Although really stupid, he should be constitutionally protected.

 

[texbumthelife]

I've seen folks arrested and charged only with resisting arrest

Been there. Done that. Wanted to fight it. Didn't have the $. Wound up cutting a plea deal. 1-yr community service, 2k fine and 88 hours community service which I served at Goodwill.

"Resisting" and "disorderly" are both so subjective, anyone who can afford to fight the charges should.

 

[texbumthelife]

Exactly. A lot of charges out there can be very vague. Like you said, a resisting arrest can be given for just moving your hands away up to literally fighting the cops off you. Now the arrest report will go into detail of what happened but the charge on paper would be the same for both.

Arrest reports can and will be doctored. Mine were. There were reports from three different officers with three dramatically different versions. Honestly, I avoid police at all cost now. In my experience, 7/10 wear the badge solely to wield the power, and I say that having two good friends who are/were Sheriffs.

 

[FuzzyLumpkins]

Lets face McClain resisted arrest the man is 6'03" 259lbs in very good shape chances are a lot bigger than the police officer who his trying to do is job. I think when you put a cop in a bad situation then you can expect bad things to come your way

According to the papers I read, the police were called to the scene after a fight was reported at the park. When they arrived, the fight was over and the crowd was dispersing with encouragement from the officers. One of the cops saw McClain trying to leave and told him to stop. There is no evidence that McClain was involved in the fight. McClain said he was leaving. The cop continued to try and detain him at which point McClain started screaming expletives.

This is not a circumstance where McClain initiated the confrontation. He was trying to walk away.

The time before that he was pulled over and given a citation for his window tint. He freaked out. It is evident that he has anger issues.

McClain will not return to Decatur even to see his kids anymore. It is obvious that he feels put upon by those cops. Maybe he really is. I do not put it past a rural police force harassing those they deem 'undesirable.'

I don't know enough about that place or those people in particular to tell one way or another.

 

[adbutcher]

I am expecting big things from McClain. I am very confident that he will turn things around. He reminds me of one of very good friends who was a hell raiser in college like me and another friend. Our coach once said, "that ya'll had one brain between the 3 of ya'll and all it thought about was doing stupid **** to get me fired".

One time my friend got in a fight with the NOPD. While in cuffs he actually headbutted one of them to their knees and cursing us out because it was the one time we broke away from our hive mind and not help him fight (we were crazy but evidently not that crazy, lol). Long story short, after receiving some billy club treatment he allowed them to arrest him but it didn't get any of the hoopla that it would have gotten had it occurred today.

So what happened to my friend? It goes to show you that life is full of irony, he is a police officer in Dallas.

Young men will often do stupid stuff, young men that play football who are bulletproof and full of piss and vinegar will do stupid stuff to a scale that many here will never be able to understand. However, if they survive it they will be better for it in the end.

Dallas is the best environment for McClain and in turn we will get an absolute stud in the middle of our D that will have us saying Lee who by week 4 of the season.

 

[Denim Chicken]

Ian Rapoport (@RapSheet)

7/25/14, 1:08 PM
Per the AP, Rolando McClain was convicted of resisting arrest and disorderly conduct, both misdemeanors, in Alabama. He immediately appealed

 

[Mr Cowboy]

Tim MacMahon
Cowboys LB Rolando McClain sentenced to 18 days in jail. Filed appeal, flying back to camp. [SIZE=+0]al.com/news/index.ssf…[/SIZE]

 

[BlindFaith]

Why was he being "made aware" for being under arrest when what he said is completely legal.

Not legal in Texas.

In texas it falls under penal code 42.01 disorderly conduct and is an arrestable misdemeanor offense.
42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;
(8) while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;
(9) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(11) discharges a firearm on or across a public road; or
(12) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.

 

[BigStar]

Police discretion is heavily involved in defining these two terms. Freedom of speech, unless a cop doesn't like it?

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;