Here is a statement just released from North Augusta Public Safety about the disorderly conduct arrest of Tyner Holmes (pictured), who recorded his weekend arrest on his iPhone and posted it on YouTube.
“Public Safety Officers were dispatched and responded to a loud noise complaint early Sunday morning around 12:54am near the corner of East and Summit Avenues. Officers arriving on the scene heard loud talking and laughing coming from several young men and women both inside and outside the residence. One officer went to the front door while another went around to the back yard. Both officers were attempting to locate the primary occupant of the residence to address the loud noise complaint.
The officer in the back, PSO Larry Turner entered the backyard and encountered a group of young people consuming alcoholic beverages. He identified himself as an officer with Public Safety and the reason for him being there. He asked the group where he could find the homeowner.
Officer Turner was met by a 21-year old, male, later identified as Tyner Jerome Holmes who smelled of alcohol and was holding a bottle of beer in his hand. Holmes immediately confronted Officer Turner telling him he had no lawful right to be there, he was trespassing and that he needed to leave. Officer Turner explained why he was there, again asked to speak to the owner and repeatedly asked Mr. Holmes, if he could not help locate the owner, to step aside and be quiet. Defiant to the officer’s instructions, Holmes stated he was a Criminal Justice student and knew his rights.
As Officer Turner made his way to the back door of the residence, once again, Tyner Holmes obstructed his progress by stepping in front of him while repeating the same words; “you have no right to be here and you need to leave”. After Mr. Holmes failed numerous times to comply with the officer’s instructions, he was placed under arrest for Disorderly Conduct. Officer Turner considered Holmes’ actions to be passive resistant at that moment and reluctant to be handcuffed.
Public Safety initiated its own review of the facts and circumstances surrounding the incident as well as the conduct of its officers that night and determined nothing was done wrong or illegal.
Chief Thomas stated, “I stand behind Officer Turner’s handling of this situation 100%. We, in fact, encourage Mr. Holmes to file a formal complaint with the Department if he feels his rights were violated; not to air it out on Facebook or YouTube.”
No formal complaint has been filed with any law enforcement agency or governing body of North Augusta by the defendant, Tyner Holmes. He was charged with Disorderly Conduct and will be given his day in court to present his evidence if he believes constitutional rights were violated.
According to Chief Thomas, “We are not going to try this case through the social media. He will have his day in court. Until then, we have nothing more to say about the incident.”
LINK TO VIDEO: http://www.youtube.com/watch?feature=player_embedded&v=P5uwzDNayNE
Like they were really going to say that the officers was wrong!
Report this comment
Christopher- exactly! They wouldn’t say the officer was wrong!
Report this comment
I thought they were supposed to make their presence aware through valid entry of public access, not just walk in someone’s backyard seeking entry through the backdoor. Tyner or anyone has the right to refuse entry via Backdoor. Which would place the officer on private property. If this was a DEA bust, go all out and gain any access, but this was a simple noise complaint. Just my thoughts on the situation.
Report this comment
I like how they encourage us not to post it on facebook and youtube… HA! Ill post it wherever I please, the more the community knows about this irrational pig the better.
Report this comment
This guy should have cooperated rather than trying to be a bad *** in front of his friends. Kudos to the officer! By the way, notice he only bothered to record his angelic moments. He deserves to have been arrested.
Report this comment
For the record:
South Carolina Code > Title 16 > Chapter 17 > § 16-17-530 – Public disorderly conduct
“Any person who shall
(a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner,
(b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or
(c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises,
shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.”
From the information provided Mr. Holmes’ arrest seemingly fails to satisfy any of the three conditions needed to constitute Disorderly Conduct. Prior to arrest, there is no requirement from citizens to cooperate with law enforcement further than self-identification and failure to comply with a lawful order is its own charge of Failure to Obey a Lawful Order. Had he obstructed the investigation he would have been charged with Obstruction of Justice, which he was not. Being an annoyance to an officer is not and should not be an arrestable offense.
Report this comment
If he wasn’t acting like a ******* they would’ve just told him to take it inside or quiet down.
Report this comment
If he wasn’t acting like a ******* they would’ve just told him to take it inside or quiet down.
Report this comment
Give me a break – the Officer was doing his job. They were called there for a distrubance…the guy was drunk and was be totally hard to deal with.
Report this comment
Give me a break – the Officer was doing his job. They were called there for a distrubance…the guy was drunk and was be totally hard to deal with.
Report this comment
Man north Augusta pigs are nothing more than a group of local “hometown heroes” who werent qualified to do anything else. Have you seen those butterballs. That fitness test they have to pass must be a joke
Report this comment
Man north Augusta public safety is nothing more than a group of local “hometown heroes” who werent qualified to do anything else. Have you seen those butterballs. That fitness test they have to pass must be a joke
Report this comment
Man north Augusta public safety is nothing more than a group of local “hometown heroes” who werent qualified to do anything else. Have you seen those Guys. That fitness test they have to pass must be a joke
Report this comment
If Tyner had nothing to hide, he would have let the cop have a look around. Obviously there was someone complaining about the “disturbance”, I believe the cop had much better things to do. Has anyone forgotten about all the local officers that lost thier lives in the past year. No wonder the officer is a little annoyed with immature kids. Yes, this behavior was very childish. But, if the officer crashed the party and took some potential drunk drivers off the road….KUDOS!!!! Tyner, it WAS your party and you can cry if you want to!!!! It is your RIGHT!!!!
Report this comment