FIRST ON 3 UPDATE: WBPD releases video, says state cleared officers

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Submitted: Fri, 08/30/2013 - 7:20pm
Updated: Sat, 08/31/2013 - 11:49pm

WRIGHTSVILLE BEACH, NC (WWAY) — Wrightsville Beach has released videos that show what happened inside its police station Nov. 8, 2011, that has led a town alderman’s son to file a federal lawsuit against the town and two police officers.

Adam Mills, son of Alderman Darryl Mills, claims Ofc. Jesse McCubbins and Cpl. Jimmy Rich harassed him after a DWI stop that night and later assaulted him at the police station.

The video shows Mills being belligerent toward the officers, which he admits to in his lawsuit. It also shows one of the officers apparently punching Mills after Mills was slow to comply with the other officer’s orders and continued to call the officer vulgar names.

“Investigations by the Town and by the North Carolina Department of Justice resulted in the determination that the actions of the two officers were not in violation of police department policies and that no criminal charges against the two officers were warranted,” the town said in a statement released with the video today.

Town Manager Tim Owens says the police chief requested the state investigate the incident in 2011.

A DOJ spokeswoman told us the Attorney General’s Special Prosecutions Division reviewed WBPD’s internal investigation at the request of the District Attorney and declined to bring criminal charges.

“The Town believes that a release of the video tape documentation of the events of November 8, as requested by the media, is in the best interest of the citizens of Wrightsville Beach and as such, with the consent of Mr. Mills and his attorney, has decided to release copies of the video,” the town’s statement said.

Mills claims he became belligerent to the officers because they were taunting him about the effect his arrest would have on his father. When Mills disobeyed an officer’s order to stay seated on a bench he claims McCubbins punched him in the face. He then claims the officers slammed him face first into the floor breaking his nose and his left orbital wall.

“This case is about law enforcement’s duty to all of us – to follow basic and standard police practice and policy, and to respect the protections afforded to citizens under North Carolina law and the US Constitution, regardless of the officers’ personal feelings about an individual,” Mills’s attorney Katy Parker said in a statement to WWAY.


  • Holler says:

    Deddie? Yeah your Deddie must be proud of you, loser.

  • Guesttigercat says:


  • guest223 says:

    I have known Adam my entire life and he is a great person. Anyone on here that is bashing him obviously does not know him or his family. He has had a steady job for years and does not take money from his parents. He may have made a mistake but he was standing up for his father after these cops were heckling him. I would do the same thing for my dad. He was not resisting arrest he was already in cuffs. The cop came out of no where and broke his nose. If that is not police brutality then what is? WB cops are a bunch of losers anyway.

  • Mr.Sanchez says:

    This video is disturbing. You can clearly see this fool is intoxicated and running his mouth. However these officer’s of the law basically took a cheap shot at a citizen that was restrained in handcuffs. Terrible demonstration of a well trained official of the law. I have been teaching MMA for the past 25 years and #1 rule is to respect every person you encounter. These officers are bullies behind a badge. Awful!!
    Besides most officers have no clue how to fight and usually have jello for a chin.

  • PublicAvenger says:

    It seems you’ve had quite a bit of trouble with them,(And the bottle) through the years- Adam.

  • Hank The Tank says:

    I have yet to meet a true tuff cop that doesn’t have to cheat just to take someone into custody. They usually hide behind their weapons or tag team one person. Most officer’s have a big mouth piece that can’t be backed up from the shoulders up. Typical for this area. Hope they lose their jobs for not thinking that they are untouchable.

  • Gramps1945 says:

    Watch the video. He was resisting the officers, as much as he could. Him fighting, with his hands free to grab their pistols, presented a life threatening situation.

    Each year several officers are killed in situations like this.

  • guesty says:

    “I have yet to meet a true tuff cop that doesn’t have to cheat just to take someone into custody. They usually hide behind their weapons or tag team one person.”

    It is called officer safety and working smarter, not harder.

  • Guest, just another says:

    Isn’t it ironic that you complain that they hide behind a weapon, but you don’t use your name? Big mouth for an anonymous post don’t you think?

  • Guest4321 says:

    You got nerve saying they cheat. You must have been arrested for some crimes against nature charge with a cow.

  • neighbor says:

    You sound like someone who has had the experience. The point is this is not a fight, they are protecting innocent people from being killed by drunk drivers.

    Everyone complains about cops, but did you hear that guy? He was so drunk he couldn’t talk, yet he was driving. Thank God the police caught him before he killed someone.

  • Lisa says:

    Seeing this video, does not surprise me one bit. Seeing that he turned out to be a drunken-loser, does not surprise me one bit. He was the same way, 12 years ago. A big mouth, an agitator, and a jerk.

  • Troy says:

    The only thing wrong with this incident is that the suspect is cuffed in front. When cuffed in front it gives the suspect an edge, if he were to get behind you and slip his hands over your head you are in big trouble. The suspect disobeyed a lawful request of the officer several times; he should have been taken care of with OC spray and taken to a holding cell instead of being processed in his current state of mind. He may be the most cooperative person in the world when sober but he was out of line and got dealt with. The ones of you who are saying the officers were out of line need to walk a mile in their shoes once, I did it for 21 years, you deal with the scum of your community every night and all you get when you have to handle one of them is armchair quarterbacks with no real since of what is going on, and when you try and explain it to them they treat you like a Nazi storm trooper. Damned if you do damned if you don’t, I wish the public would make up their minds, do we molly coddle these people, or do we mistreat them?

  • Guest-o-matic says:

    He was a foul-mouthed belligerent, no-cooperative drunk and that’s as simple as it gets! When you are under arrest, you should make sure you do everything you can to cooperate to reasonable requests. The officer simply asked him to stand up after listening to Adams obvious verbal abuse. Then he wants to resist? C’mon!

    Here’s my take on the results. Adam will lose this lawsuit in 5 seconds if it ever even goes to court. Adam will be convicted of a DWI, likely not his first all the while, deddie WB alderman will have rotten egg all over his face.

    Adam, you really know how to publicly show your ass and make your deddie proud dontcha? I’ll bet he’s hanging his head and shaking it right now in disgust and embarrassment of your immature performance!

  • Unbiased Viewer says:

    I watched the video several times and it appears the victim was trying to sit down then out of no where comes some cop trying to MMA him and slam to the ground. Why? he was in handcuffs and was sitting or trying to sit.

    Now if had stood up after he was sat down and continued to resist agressively…yes maybe take him to the ground but punching is not neccessary or face slamming to the hard floor not neccessary. He was in custody and had been searched and was cuffed so the man had no weapon to speak of so why the extra aggression?

    Then the fact that the officers were cleared gives even more proof of biased investigations and good ole boys protecting aggressive cops.

    The truth is hard to accept.

  • yeah says:

    this is a complete disgrace. These cops should be fired for the force!

  • Just Heather says:

    Isn’t that the way you talk every time you get arrested ? They’re not the cowards, you are.

    I’ve never liked you.

    Any 27 year old man, who refuses to work, lays around drunk all day, sponging off his parents, and is a dead beat. He is the true coward.

    Definition of a coward: A deadbeat, who refuses to live up to his responsibilities.

    It’s noon, and I guess you’re waking up, about now. Time to try to borrow $5 from mom. To walk to the store, and get a bottle.

  • Gramps1945 says:

    You ain’t nothing, but a punk, and a coward. You ain’t nothing without a badge. I can beat your butt. Do you know my dad ? C’mon punk. Take off these cuffs, if you’re such a man…….Yada Yada Yada

    I see you still haven’t changed a bit….. Mr. Professional Victim. All Talk

  • K says:

    Troy, you wrote “he should have been taken care of with OC spray and taken to a holding cell instead of being processed in his current state of mind.” Exactly!!! Throw him in the drunk tank until he choses to cooperate.

    There was no reason to punch the guy in the face. He was in cuffs. If this is outside on the street, it’s a different situation. But it wasn’t. He was in cuffs and in custody. No doubt the guy was being an uncooperative drunk fool, but it doesn’t warrant a punch in the face. I’m not dismissing the challenges of being a police officer, but if the officer can’t control himself in that situation, he’s in the wrong line of work.

  • Brian says:

    Why would anyone with any common sense not just put him in a cell until he was sober and then process him? Why even try to deal with someone in that condition?

  • guesty says:

    How exactly are you supposed to get a breath test if you wait until they sober up?

  • a little truth says:

    Let’s take a outside lokk at this In order to take the DWI test my hands were in front. So I do not see anything wrong there. I waited for a while waiting to take my test. I talked with the cop and he did not jack me up or beat me. I did what the cop asked and finished the test. We talked to a magistrate and the cop told him that I was cooperative and I got a unsecre bond. So I guess te moralto is story is you get more help if you do not act a fool. I you act a fool you will probably get treated like a fool. I am not a cop lover I just have a little common sense.

  • PublicAvenger says:

    If he’s a rich kid (27, but still 15)they should not have messed with him. They should have just let him drive home drunk, when they saw he was going to be uncooperative. The nerve of them, wanting to reduce potential threat, and transfer the cuffs behind his back.

    Haven’t these cops heard about Gentry Class Privileges ? Who do they think they are ? Treating everyone equally, under the law ?

  • Guest-o-matic says:

    This punk, foul-mouted drunk cursed that officer for over 5 minutes straight. He was asked to stand up and raise his arms. He didn’t and he got what he got.
    Evidently, your “teaching MMA” for 25 years hasn’t taught you very much about “respecting every person you encounter”. It goes for the person arrested as well as the arresting officer, not just one way. When you are in their house, you do as THEY request. No time for silly games at that point.
    I like how you berate the officers and their behavior because it may not suit your “punk style” behavior. When I see you self-proclaimed tough, so called “MMA” guys, I think about bald headed, fat-nosed, ego-maniac, narcissists that don’t have enough common sense to do anything outside of a cage…and usually have “jello” for a brain protected only by a 1 inch thick skull!

  • Guest-o-matic says:

    The have procedure and protocol to follow when processing anyone into jail. This is to ensure that they do not have weapons, drugs and other items considered contraband!

    THINK Brian! THINK before asking such stupid questions in public! I hope you aren’t a recent grad of UNCW!

  • Mr . America says:

    Is a handcuffed young man being uppercut by a trained police officer and another police officer allows him to be assaulted. WoW if they get cleared by the citizens on this one. We all must be blind. Granted this punk was drunk however he never tried to punch, kick or even judo chop either officer. I think the DA needs to review this. However this is North Carolina they might get rewarded with moonshine and hog feet.

  • PublicAvenger says:

    He sure wasn’t “polite” on the video.

  • guesty says:

    “… they might get rewarded with moonshine and hog feet.”

    Doubt it, you bought up the last bit. Now go brush your tooth.

  • Guest2365 says:

    That was uncalled for. Cops with attitudes, they have a little authority, and abuse it. Guess they did not have what it takes to become NCSHP officers…

  • Guest2020 says:

    He is being belligerent. When he refused to do as the officer directed, he was resisting a public officer. Furthermore, he physically resisted the officer. The officer has the right to use physical restraint when being resisted. In my opinion, the officers acted appropriately.

  • Uppercut says:

    Next drunk guys that walks up acting funny i’m going straight for the uppercut!!!! Tell the LAW i learned it from this video!!!!HA

  • Guest1851658 says:

    These “cops” are little more than Nazi thugs. Notice how the one skinhead makes sure he is out of camera range when he assaults the man. How any investigation could possibly come up with such a determination shows that they are not doing their job and surely will lose the confidence and support of the public.

  • Guest_ThreeSheets says:

    I see this young man often at his place of employment, Seapath Yacht Club, and he is very polite and respectful. From what I understand, this was far from his first arrest/encounter with the law and it is evident to me that he has a drinking or substance abuse problem. That said, based on the video I would opine that the officers did indeed use excessive force. These were not words exchanged at some dive bar; a law enforcement officer is certainly entitled to defend himself against threats, just not ones to his ego. Generally, it seems that noncompliance to LEOs is handled by tasers these days and not a punch to the face – certainly with their budget the WBPD has tasers. Further, if it is true (haven’t seen any talk of corroborating evidence,) the taunting in regards to his father is inappropriate and unethical. I wouldn’t put it past someone in Adam’s shoes to fabricate that story after the fact, but I also wouldn’t put it past certain WBPD officers to make those statements, either.

    I certainly will be watching the outcome of this case. If the officers weren’t disciplined earlier, and Mr. Mills obtains a judgement against the town/PD, then I hope that they are properly dealt with post-settlement.

  • NCJA Instructor says:

    The United States Supreme Court says that law enforcement is entitled to the one plus rule in its use of force. Essentially that means that law enforcement can go one level higher than the force used against the officer. The levels of resistance are in order.

    Passive resistance (linking arms at the General Assembly for instance)
    Verbal non compliance
    Defensive resistance (running away)
    Active aggression (fighting the officer)
    Deadly force

    The levels of force in order.

    Officer presence
    Verbal direction
    Empty hands (the officer physically grabbing and forcing someone to do something)
    Intermediate weapons (baton, oc spray, taser or k-9)
    Deadly force.

    In watching the video the offender refuses (verbal non-compliance) to obey the lawful verbal direction of the officer. Empty hands techniques are justified by case law and NCGS 15a-401.

    While the average citizen may not like what they see on the video the average citizen should understand that this type of interaction occurs daily in most large communities in America. The offender broke the law and then he made poor decisions once in custody which led to the officer’s lawful response.

    In the future this type of situation could be potentially prevented by handcuffing the offender behind his back. With his hands behind his back the offender could be moved using pressure point control techniques with greater ease.

  • Guest2282 says:

    this young man had been drinking, was arrested for drunk driving and placed in hand cuffs. I have no doubt in my mind that the officers taunted him, as the last thing anyone would want to do is pick a fight with a police officer when you are caught committing a crime.

    yes officers are authorized to restrain people who are arrested. restraint does not mean that officers may punch a victim in the nose, while handcuffed. the guy was already seated in hand cuffs, and restrained. the officer should have ignored what he was saying.

    these guys need to go or they’ll do this again. imagine what they do when they’re not on camera.

  • PublicAvenger says:

    Each year several officers are killed from struggles, with suspects, who are handcuffed from the front. His choice to physically struggle with the officer, posed an active threat to the officer’s pistol, and was a life-threatening situation.

    It looked to me like they tried to lightly push him, the first few times. Each time he seemed to fight back harder. After the 3rd or 4th time, push came to shove, and they did what they had to do. He had to be subdued.

    They tried verbally, and even with light force, to subdue him. He gave them no choice. Each time he resisted, as hard as he could. Too bad there’s no such thing as a “kind and gentle way” to slam someone to a floor. Especially when he has the potential to take your gun.

    It’s a shame he received minor injuries, but I’m glad these cops did not become two more statistics.

  • PublicAvenger says:

    As a veteran, of Law Enforcement, I find this disgusting. He was lawfully ordered several times, to stand up. He refused. When the officer, finally had no other choice, but to grab him, he appeared to resist. It was their duty to take him to the floor, pin him down, and safely transfer the cuffs behind his back.

    The two officers, used what appeared to be, ‘open hand force’, to safely subdue him. I saw no head strikes. At no point, did it appear they tried to hurt him. And he dictated the whole situation, by refusing to stand up, then appearing to physically resist.

    So he may have got bloody. Boo Hoo. Maybe they should have had Dr. Phil, on call, to come by and ‘Reason’ with him, from the moment he refused to stand up. We could have treated it like a 5 hour hostage situation, and finally get him to stand up, without having to touch him. Then, it would take another 5 hours to ask him to walk to the patrol car. Could you imagine if this was the case, every time someone in custody, refused to move, or allow officers to transfer cuffs ?

    I guess this loser hopes to destroy the career, and lives, of these two officers, who were just doing their job. And maybe get a few bucks in the process. He’s ruined his own life. He might as well try to ruin theirs, as well.

    I wish these officers could sue him, for the anguish they have suffered. But I doubt he has any money. In my opinion, this is frivolous. I feel the Chief, Town Manager, District Attorney, and the SBI, were right. It is good they stood behind these officers. Nevertheless, it is disgusting, that these officers, are being put through such unnecessary stress.

    Doesn’t the NC Bar ban lawyers who knowingly represent frivolous matters, for personal gain ?

    Says who ? Says The Public Avenger (The Port City’s version of KBLUE )

  • Wilmington Truth Teller says:

    There’s no such thing as a “kind and gentle way”, to pin someone to a floor. Especially when he is drunk, verbally refusing, and physically resisting.

    He should have also been charged with “Resisting Arrest”.

  • Former Cop says:

    The WBPD should have charged this drunkard with “Hinder and Delay”. This guy has a strong hatred for cops. He hates them, and wants badly to create a “Use Of Force” situation. One he can capitalize on.

    Guys like this, are real tough, when you listen to them. Like this loser, they say everything they can. Handcuffed, or in the back of a car, trying to push buttons. Hoping the cop will retaliate.

    I salute the WBPD for taking charge, and not overreacting. They acted professionally. But he should have been charged with “Hinder and Delay”. It will make it better, for the next cop he tries to bait. And just like there have been previous times. There will be a next time.

    This worthless, parasite, who has been wrong on previous occasions, as well, knows: he can be wrong 99 times. All it takes is that one time he gets the cop’s goat, entices the cop to overreact, then he’s hit pay dirt. He’s got an ACLU lawyer, which I believe she is, screaming about what a “victim” he is.

  • Me, Myself, and I says:

    Is this the same Adam Daryl Mills ? If so, it seems he’s been a “victim” of “police brutality”, on several other occasions.

    A drunken, selfish-deadbeat, loser, hothead, and a “Professional Victim”, more like.

  • Guesttoo says:

    Call me stupid…er…completely stupid too. I saw the same thing as 2020. Mr. Mills is a professional at getting busted (pun intended) so he knew full well how to behave in this situation. HIS choices are what got him bloodied up.

    I wonder if he tried to play the “My Daddy in an Important Person” card and that ended up not working so well for him? Take your own sentence and replace “Cops” with “Drunks”.

  • Guest2020 says:

    I am not stupid, by any stretch of the imagination. I don’t live in Wilmington or Wrightsville Beach. I had never heard of either of these police officers before this story was reported. I do not know any of the people involved in this incident

    I do have a very good understanding of the law. The man was in police custody. He was mouthing off. I refused a lawful order given by the officer. He was resisting. When he failed to move as the officer had told him, the officer had the right to take his arm and pull him up. The man physically resisted the officer. The officer had the right to physically restrain the man. The man was not being compliant. The man was in the wrong. The officers did what was necessary to get him to comply. They did not go overboard.

    I suppose you think the officer should have just stood there and let the man subvert his authority? Sorry, but that isn’t how it works.

  • PublicAvenger says:

    Perfectly said. I fully agree.

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