A judge in Alabama found [su_lightbox src=”http://www.al.com/news/index.ssf/2014/07/former_alabama_star_rolando_mc.html”]Rolando McClain guilty[/su_lightbox] on both misdemeanor charges earlier today, from an incident that occurred in Decatur, Alabama in 2013.
McClain’s sentence is for 18 days in jail for saying “F#@! the police” and jerking away from an officer who came up from behind him. McClain left a small scratch on the pinky finger of one officer.
McClain’s attorney had this to say after sentencing:
[pull_quote_center]I felt like I ran into the only person in the entire state of Alabama who would convict him on this evidence[/pull_quote_center]
I felt that if McClain was found guilty, and had to serve jail time, a lot of the reasoning would be because this is the third incident in 17 months for McClain. That indeed looks to be the case. The report also states the sentencing is being appealed by McClain’s attorney.
This was only determined by one judge. The appeal will go before a jury, and likely won’t happen until 2015. From what I saw, there is no way a jury of 12 people will all convict him on these misdemeanors. One of his attorneys told me he expected today’s result; city judge, same building as the city cops. etc. But the media was shocked at the guilty verdicts. Others, including me, have wondered why this has gone this far. I’m told the city offered to let him pay a $200 fine and be done with it. After today, I know why. He doesn’t think he’s guilty.
The prosecution showed the patrol car camera video. Hundreds of people were at a the park. McClain walked past the officers. Someone can be heard saying ‘F the Police’. It is reasonable to believe he said it, but there were at least 15 people between him mand the cops, and they were behind him as he kept walkng and could not see his face.
The officers, without identifying themselves as officers or saying that he was under arrest, tried to cuff McClain. He could not see them coming from behind, so he may have thought it could have been anyone in a crowd of about 700 people who was grabbing his arm. There is no clear cut visual evidence that he swung his arm away. What IS clear is that the sitaution escalated when an off duty officer in plain clothes grabbed McClain. He was actually trying to keep McClain calm (he, like most of the cops here, knows him). That officer’s momentum caused McClain and the officer behind him to all move, and a crowd of people simulatneously got upset and surrounded them.
The prosecution claims that shows McClain’s alleged expletive incited the situation. His defense counters the situation only escalated when the third officer intervened. That appears to be obvious from the video. No one in the crowd reacted until they put their hands on him, which was a good 5 to 7 seconds afterwads. During a break, the media all agreed that what was supposed to be the prosecution’s key evidence was actually McClain’s best evidence.
Even if he said “F You”.-which is not proven beyond any reasonable doubt-that is not a reason for arrest. His big time attorney from Denver cited several US Supreme Court and Alabama Supreme Court rulings that say just that. It CAN be considered disorderly conduct IF it does or could be potentially cause disorder. Disorder happened upon the officers’ actions. And there was no evidence that he resisted arrest outside of the officers’ testimony.
Inside info (off the record for my job, but not here) Before the trial, the prosecutor went into the side room where McClain was with his attorneys. The Denver guy said,” Can we just drop this, please?” She said she couldn’t. Then McClain told her that he knew she was doing her job (she’s been on his previous cases, too) and he held no grudges at all. He said he’d made some stupid mistakes, and that he’s just trying to do the right things and be a good dad. He actually started crying, and I’m told she became a little emotional too. After the guilty verdict, the prosecutor waived the requirement that he has to stay in Alabama so that he can go back to Oxnard.
The video also ran on him as they took him to jail. He said, “I’m done” The cop said, “What do you mean?” McClain said, “I’m done. There are a thousand people there, and you say I said something and arrest me. I just got a $700,000 deal with Baltimore. And now I’m done.” The cop answered, “No, you’re not. You didn’t kill nobody, Rolando.” McClain said, “I’m done. You can’t expect to get arrested three times in two years and play in the NFL. It doesn’t work like that.”
His local attorney told me he is sending the video (we could not get access to display it today) to Jerry Jones because he wants him to see what BS this is. I’m rooting for the guy. he’s dropped his hometown boys, and I’m told he really needed time to get his head clear in Tuscaloosa, that he was so filled with pressure that he was close to a breakdown. The hangers-on were no help, either. Saying “F the Police” is stupid, and he’s done dumb and dangerous things before, but he seems ready to be a man. And he’s only 25. Sorry so long, but since I was there I figured I’d give a first hand account
Nice.
Sounds like a cop got offended and picked a reasonably possible source and acted. Doesn’t excuse taking it so far as a trial of any kind, or trumping up the charges, but it is what it is. I just hope he keeps his head and doesn’t go all “Pacman” on us. Thanks for the update Aziz.
Appreciate the first hand knowledge, better than any report I’ve read across the net. Sad thing is, most of what you said wont get out like it needs to be