RAW VIDEO: Intoxicated man resisting arrest outside Golden Fountain…
HYANNIS – At about 8:45pm last evening, an off duty officer reported that a man wearing a black hat and black jacket was creating a disturbance inside of the Golden Fountain Restaurant at 203 West Main Street.
Officers arrived just as the man in question was exiting the restaurant carrying a package of Chinese food. It appeared as if he was leaving, but then he decided to turn back…
Officers approached the restaurant with the intention of checking inside for any signs of a disturbance. The man in question then apparently spoke with the officers from outside the restaurant as they appeared to be entering.
It looked like a routine call from that point and HN deactivated the record button. That’s when the subject re-entered the restaurant and placed his package of food on a table just inside the doorway.
Officers apparently concluded that the subject was intoxicated and was again disturbing the diners inside the restaurant. Officers had to pull the man out the doorway and were attempting to place him in handcuffs when HN reactivated the camera…
The subject appeared to be resisting the officers while they were placing him in handcuffs, even after they told him to stop resisting. They informed him that he was being placed in protective custody because he was intoxicated and acting out inside the restaurant.
While walking to one of the cruisers, the subject noticed that the interaction was being recorded. As is sometimes the case with volatile subjects, he then decided to become even more agitated and difficult to manage. He was also reluctant to get into the cruiser at first…
Mark Holmes, age 50, of Hyannis, was transported to Barnstable Police Headquarters for booking and processing. He was charged with Disorderly Conduct and Resisting Arrest. He was also being held in Protective Custody until he could sober up.
Also, sometime during the arrest process, Holmes picked up a felony charge of Assault & Battery with a Dangerous Weapon/ Shod Foot. (Which indicates he may have kicked someone during the arrest process…)
The following video highlights the scene as described above…
[Press play… Select HD in settings and enlarge player for best quality… WARNING: VIDEO CONTAINS STRONG LANGUAGE…]
HN NOTE: It’s tough enough being a police officer these days without having to deal with someone resisting arrest. When a police officer tells or indicates you are being arrested or taken into custody, you do not have the right to resist. By resisting you will make matters much worse for yourself. If you disagree with the officer’s decision to take you into custody, the best thing you can do at the point is avoid resisting arrest and picking up additional charges. We have a court system for deciding whether or not an arrest was warranted. All subjects under arrest are innocent until proven guilty in a court of law. If you believe you are innocent, the best thing you can do for yourself, once under arrest, is to behave that way… and use your right to remain silent, speak with an attorney, etc… It is never EVER smart or to your benefit to interfere with the arrest process by resisting arrest.
Also note, this would not have been a story before the point where the subject resisted. Once you resist arrest, you open yourself up to being documented on camera as well. Resisting arrest is a serious crime and HN will always treat it that way. And furthermore, being intoxicated is not an excuse… Legally documenting or video recording an arrest, especially a situation where someone is resisting arrest, is a right protected under the First Amendment… Resisting arrest is not in any way a legal right and you will pick up additional charges accordingly.
Bottom line: know your rights, behave accordingly… and never ever cause a disturbance inside any local restaurant, especially one that makes some of the best crab rangoons on Cape Cod…
5/2/2015
Robert Bastille,
P.S. — Tonight’s HyTown Vignette is brought to you by Steely Dan… [Crank it up… do it!]
