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