Simeon Castille Update:

[alextupelo]

Exactly. I am surprised the individuals in the SUV were not questioned. To either dispute or collaborate S. Castille's story. As a former Peace Officer I will just say mistakes were made. This gets to court it could be thrown-out on the testimony of the people in the SUV. I know if I am a Peace Officer I will not let myself be setup by failure on my part.

Personally I would have just written the report (No Arrest) and filed it away. When you are a police officer there are times you must assess the situation and look for agreement while getting your point across. I will say it again, I am alarmed the individuals in the SUV were not questioned. If I am defending S. Castille in court I would use those individuals to collaborate the story.

Back to the top. How much traffic is on the Blvd at 2:00 AM. As we all know if there is traffic that group is together. Been there done that. :BigA:

Not a lot, yeah its busy, its an entertainment area, but a majority of people walk to the Strip because its close enough to do that...if he was holding up "traffic" it was only two or three cars...from my experience.

 

[Anchovy]

Gotta admit, if he was acting that way, he was being foolish - but why couldn't the officer talk to the other folks to see if this was worth arresting him over?

If my child were arrested for similar behavior, I'd be all over the police dept about it as well. Is this really criminal behavior? Is this really within the spirit of the law?

I agree but, of course, it looks like Crimson glasses. He shouldn't have been doing it but I seriously question whether this was something to arrest him over. He didn't resist, wasn't drunk and not fist was thrown

 

[P. C. Pachyderm]

The encouraging thing about the police report is that there is no evidence of Simeon being hostile or disrespectful toward the officers ... in fact the opposite is stated.

In other words, it was not a minor incident that blew up because Simeon resisted the police. That's the scenario I was concerned about.

I can understand the officers stepping in, based on what they saw. But I don't understand the "haul-him-to-the-station-first-ask-questions-later" mentality. Sounds to me like this situation could and should have been defused on the spot with no arrests.

 

[Bad Pony]

Yelling "F"-bombs and the "B" word in the middle of a crowded street is never a good thing to do, regardless of age/maturity or lack of... Especially when one is on a peer council. IMO, this should've/could've been handled with the officer simply advising SC to tone it down in the future and let him go. On the other hand, an intelligent young man like SC should know athletes (for good or bad) are under a very strong microscope nowadays. I'm not sure who I would fear worse right now, with the words he used in the police report, my father the team CHAPLAIN or CNS.

Sadly, that seems to be the mentality of today's athlete. I often shake my head at others who want to reflect back on Coach Bryant days but this did make me think... I doubt very few, if any, would've had the intestinal fortitude to do what SC did back in CPB's heyday... Hopefully, this brush with authority will cause him and others to walk a very straight line.

 

[NativeTider]

PDF of the police report.

This was an inappropriate arrest unless you want to start arresting half the people on the strip every Thurs.-Sat. Simeon's behavior was crude and boorish but was not criminal.

Inconsistencies:

1. He was blocking traffic for three blocks even though it took the officer only "seconds" to reach him and they moved off of Univ. Blvd. to 13th Ave. during those "seconds." How does traffic get blocked in such a short period of time?
   
2. If there were two hundred people on a small area of sidewalk then it was crowded and there was probably a lot of traffic anyway.
   
3. There was a complete lack of interviews and investigation at the seen. Once Castille was in the patrol car the officer should have conducted interviews to determine if a crime had been committed or an arrest was necessary.
   
4. The officers OPINION about how a representative of the Univ. of Alabama football team should act has NOTHING TO DO WITH THE LAW!
   
5. There are things in this report that lead me to believe there was additional language added the day after the incident (i.e. addressing the alleged "What is Saban going to think about this" comment)

The officer's behavior was appropriate until he decided to arrest SC. Although, SC's behavior (assuming the report is accurate) meets the criteria of disorderly conduct there was no need to arrest him if a proper field investigation had occurred (JMO).

 

[bamaron69]

The report released to the media is an Intradepartmental Report, used to inform upper level officers of an incident.

 

[alextupelo]

Yelling "F"-bombs and the "B" word in the middle of a crowded street is never a good thing to do, regardless of age/maturity or lack of... Especially when one is on a peer council. IMO, this should've/could've been handled with the officer simply advising SC to tone it down in the future and let him go. On the other hand, an intelligent young man like SC should know athletes (for good or bad) are under a very strong microscope nowadays. I'm not sure who I would fear worse right now, with the words he used in the police report, my father the team CHAPLAIN or CNS.

Sadly, that seems to be the mentality of today's athlete. I often shake my head at others who want to reflect back on Coach Bryant days but this did make me think... I doubt very few, if any, would've had the intestinal fortitude to do what SC did back in CPB's heyday... Hopefully, this brush with authority will cause him and others to walk a very straight line.

Do i not have the right to stand in public and say whatever i want? As long as it isn't starting a riot? Maybe i slept through that part of my Government class?:conf2:

 

[Hankster2]

Trying to read between the lines of the police report I have to wonder why out of a handful of UAPD officers only one of them saw fit to react to what Simeon was doing. According to the report the officer didn't signal his partner for backup before going after the suspect and there's no indication that the other officers aided in the situation until after he had Simeon against the wall. The majority of the officers around were back with the crowd and none of the officers were worried about the guys in the SUV approaching from the left. All this makes me wonder how "threatening" this situation was perceived as to the rest of the folks out there as well as the officer who did the arresting. You don't grab someone you perceive as dangerous by the arm without backup or without identifying yourself as a police officer. I just don't see this thing going down exactly the way the picture is being painted.

I also like how he threw that he asked "Don't y'all have to notify Coach Saban?" into the police report. If they were joking about calling Saban as the witnesses say then this is a way to cover your backside and make it seem more professional and less like you're messing with a football player. Are we to believe that a cop really believes that the law requires him to call Coach Saban when he arrests a football player?

Simeon Castille: Guilty of using the F-word.

 

[Alanbama27]

Although, SC's behavior (assuming the report is accurate) meets the criteria of disorderly conduct there was no need to arrest him if a proper field investigation had occurred (JMO).

Actually SC's behavior DOES NOT meet the criteria of disorderly conduct. I will pass along a small portion of what an Alabama lawyer said on another site.

"Although the disorderly conduct statute specifies that using "abusive or obscene language" in a public place constitutes disorderly conduct, the courts have interpreted that phrase very narrowly. A person is not subject to arrest simply because he or she uses obscene language. The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace. Since these words were said and taken in jest, they certainly weren't fighting words."

Also as was pointed out by another police officer who thinks this is dumb, cussing in public is not a crime...SEE THE FIRST AMENDMENT. Also, he said that if someone should have been in trouble for backing up traffic it could not have been someone yelling from the sidewalk...it would have fallen to the responsibility of the driver.

NO CRIME, NO ARREST! You do the math!

Also, this report was written twice in my book. Once the night of the event and the final draft the next morning. The cop was attempting to cover his butt!

 

[NativeTider]

Actually SC's behavior DOES NOT meet the criteria of disorderly conduct. I will pass along a small portion of what an Alabama lawyer said on another site.

"Although the disorderly conduct statute specifies that using "abusive or obscene language" in a public place constitutes disorderly conduct, the courts have interpreted that phrase very narrowly. A person is not subject to arrest simply because he or she uses obscene language. The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace. Since these words were said and taken in jest, they certainly weren't fighting words."

Also as was pointed out by another police officer who thinks this is dumb, cussing in public is not a crime...SEE THE FIRST AMENDMENT. Also, he said that if someone should have been in trouble for backing up traffic it could not have been someone yelling from the sidewalk...it would have fallen to the responsibility of the driver.

NO CRIME, NO ARREST! You do the math!

Also, this report was written twice in my book. Once the night of the event and the final draft the next morning. The cop was attempting to cover his butt!

I totally agree!

 

[Bad Pony]

Do i not have the right to stand in public and say whatever i want? As long as it isn't starting a riot? Maybe i slept through that part of my Government class?:conf2:

I guess you slept thru this also...


Section 13A-11-7
Disorderly conduct.
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) Engages in fighting or in violent tumultuous or threatening behavior; or

(2) Makes unreasonable noise; or
(3) In a public place uses abusive or obscene language or makes an obscene gesture; or

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or

(5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or

(6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.

(b) Disorderly conduct is a Class C misdemeanor.

(Acts 1977, No. 607, p. 812, §5525.)

So no, you can't just stand in a street and shout/say what you want. For what it's worth, I think the charge will be tossed in court.

 

[Hankster2]

Geez, read the report. The officer says he was yelling and cussing in the street challenging someone to fight and blocking traffic. That sounds like a text book case, he meets multiple elements of the crime. I haven't pulled the legislative history on the statute, but I doubt that the Alabama Legislature said but it wasn't a crime if the perpetrator was "just joking around."

By the officer's account the calling Coach Saban comment was misquoted and taken out of context. It sounded like he was asking about the procedure and whether they had to call the coach.

The only complaint I would have with the officer was the part about representing the school and being a member of the football team shouldn't have been said. That's really not the police department's issue.

As far as violating civil rights and having probably cause to arrest. Yelling and cursing in the middle of the street should qualify no problem.

Dude, how out of place is that quote in the police officer's statement? It's totally random. You don't think the officer is covering his backside? Do you really think this officer believed that calling Coach Saban is Standard Operating Procedure? COME ON!!!

I'm sure it went down like this:

Arresting Officer: "Sgt., doesn't Alabama State Law require us to call Coach Saban when we arrest a football player. I'm asking you now because right here, standing behind the suspect is the appropriate time to ask. I am in no way trying to mess with the suspect. My intentions are pure and noble. I just need to know if I should whip out my cell phone right now and call Coach Saban since I have him on speed dial."

Anyone who believes the officer was asking about procedure needs to transfer to Auburn.

 

[Alanbama27]

I guess you slept thru this also...


Section 13A-11-7
Disorderly conduct.
(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) Engages in fighting or in violent tumultuous or threatening behavior; or

(2) Makes unreasonable noise; or
(3) In a public place uses abusive or obscene language or makes an obscene gesture; or

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or

(5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or

(6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse.

(b) Disorderly conduct is a Class C misdemeanor.

(Acts 1977, No. 607, p. 812, §5525.)

So no, you can't just stand in a street and shout/say what you want. For what it's worth, I think the charge will be tossed in court.

According to an Alabama lawyer, you slept through Torts...and the impending PRECIDENT that has been set by the courts. I will post this again for your benefit.

"Although the disorderly conduct statute specifies that using "abusive or obscene language" in a public place constitutes disorderly conduct, the courts have interpreted that phrase very narrowly. A person is not subject to arrest simply because he or she uses obscene language. The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace. Since these words were said and taken in jest, they certainly weren't fighting words."

 

[bamaron69]

The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace.


While this quote is mostly true, however one word was omitted. the word MAY. "may provoke physical retaliation".

 

[Just Win]

This statement goes for this unfortunate circumstance, and all other similar ones for athletes at other institutions:

This is a legal matter. It will be handled, good outcome or bad, by the legal system. It has very little to do with The University of Alabama, and very little to do with The Crimson Tide. When the athlete is out in public, on his own free time, he is not under the supervision of the University, a professor, or a football coach. If a football coach wishes to add punishment beyond what the legal system does, then so be it. If he does not, then so be it. A coach will have to live with the decision and results of punishing or not punishing. But for the fans and media to form a lynch mob wanting the coach to declare what he is doing with the player, only makes them look like a bunch of idiots. The legal matter is a public matter. The players coach, team, and family reactions to the situation is a private matter. The sooner everyone learns this (especially the "scoop-starved" media), the sooner you can get over the obsession with the secrecy behind a coach's restitution regimen. Have I explained it clearly enough????

Maybe Saban needs to sap more energy out of these guys so they don't have the legs to be walking around on the strip at 2AM.


Roll Tide Roll!! Can we just get to the football playing,.......and Just Win!

 

[Alanbama27]

According to an Alabama lawyer, you slept through Torts...and the impending PRECIDENT that has been set by the courts. I will post this again for your benefit.

"Although the disorderly conduct statute specifies that using "abusive or obscene language" in a public place constitutes disorderly conduct, the courts have interpreted that phrase very narrowly. A person is not subject to arrest simply because he or she uses obscene language. The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace. Since these words were said and taken in jest, they certainly weren't fighting words."

I think it is very important to note that just because a law is written one way, it can actually be interpreted by the courts and have a very different meaning; such is the case with disorderly conduct.

 

[foley_boy]

This is wholly inappropriate - do you wish people to judge you with such broad strokes?

Somewhere in the world, a police officer probably died last night protecting the public. Think about that before spewing your hatred...

I'm glad someone has the good sense to state this. When I was on the streets over four years ago, it was a police officer that helped me get off the streets and has been like a father to me. When I was licensed for ministry recently...the only family members that were there were my grandparents...and Officer Berrey. It rubs me the wrong way when people cast hate upon an entire group of people for the actions of a minority,

 

[Bad Pony]

According to an Alabama lawyer, you slept through Torts...and the impending PRECIDENT that has been set by the courts. I will post this again for your benefit.

"Although the disorderly conduct statute specifies that using "abusive or obscene language" in a public place constitutes disorderly conduct, the courts have interpreted that phrase very narrowly. A person is not subject to arrest simply because he or she uses obscene language. The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace. Since these words were said and taken in jest, they certainly weren't fighting words."

I guess you got me there, if you want to stand in the street and rain down F and B bombs, go right ahead. It's still not a good thing to do and draws unwanted attention but I guess that's what it's all about today...getting attention.

 

[Alanbama27]

The language must be such that it constitutes "fighting words" that provoke physical retaliation and an immediate breach of the peace.


While this quote is mostly true, however one word was omitted. the word MAY. "may provoke physical retaliation".

In this case, had the officer INVESTIGATED the situation, with or without the word MAY, it is the same outcome. Since everything was in jest, it COULD NOT have provoked a physical relatiation, thus once again NO CRIME! This all falls to the officer who DID NOT INVESTIGATE before arresting.

 

[BamaFanKyle]

Heck...I've seen and heard much worse on the Strip and Quad, especially on game days. As for the police report, It literally hurt trying to read that. Yikes.

RTR