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Not so orderly conduct

By Jeff Terrill

Fort Wayne Reader

2014-10-21

Jim lives in California with his wife and young daughter. Jim went to college in Indiana and is returning to his alma mater for a reunion of sorts. Jim is not a real guy.

Jim’s wife drops him off at the airport. Jim gets out of the car, kisses his daughter and wife goodbye and tells them he will see them Sunday – just in time for his daughter’s birthday party.

Jim’s wife reminds him to be careful. Jim gives her a look and reminds her that he is thirty years old.

Shortly after arriving in Indy, Jim and the boys are heading to the campus they graduated from almost a decade earlier.

The next morning, Jim and his friends drop by a party that starts at 8:00 a.m. – four hours before kickoff! Jim plans on pacing himself but the drinks are flowing and they taste so good.

Fast-forward a few hours: Jim and the boys are tailgating outside the football stadium all decked out in school colors. The next thing they know one of their buddies is struggling on the grass with a college-aged kid from their rival school. Jim and the boys start chanting, “Fight. Fight. Fight.” Jim swears that watching his drunk, out-of-shape buddy wrestle some kid ten years younger was the funniest thing he’d seen in years. Within minutes, a campus police officer arrives on the scene and breaks it up.

Jim and his buddies start booing the officer. The officer turns to them and orders them to quiet down. Again, Jim and his friends boo the officer. Soon, more officers arrive on bicycles. An officer looks at Jim and says, “Shut it or go to jail.”

Jim cups his hands around the sides of his mouth and, again, loudly boos the officer. Before he knows it, another officer places him in handcuffs. The officers inform Jim he is under arrest for disorderly conduct.

In Indiana, a person who recklessly, knowingly or intentionally (1) engages in fighting or tumultuous conduct; (2) makes unreasonable noise and continues to do so after being asked to stop; or (3) disrupts a lawful assembly of people commits disorderly conduct, a Class B misdemeanor. The maximum penalty is 180 days in jail.

After being processed at the jail, the jailer tells Jim he’s not able to bond out until his blood alcohol drops significantly. The jailer also informs him that he has to be in court Monday morning at 8:00 a.m. Jim explains that his flight leaves on Sunday and that his daughter’s birthday party is Sunday afternoon. The jailer tells him that he will miss his flight and the party.

A few hours later Jim calls home and wishes his daughter a happy birthday. His wife tells him that they will talk about it on Monday night.

Jim can’t wait to get home.

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Jeff Terrill is a partner/shareholder with the law firm of Arnold Terrill Anzini, P.C. Mr. Terrill represents clients accused of crimes throughout northeast Indiana. You can contact Mr. Terrill with any questions or comments at his office at 260.420.7777 or via email at jterrill@fortwaynedefense.com. Learn more about his firm at www.fortwaynedefense.com. This article expressed opinions and observations of the author, is not intended as legal advice and does not create an attorney-client relationship between the author and the reader. Please consult a qualified attorney with any legal questions or issues you might have. Thank you