Name of Accused:
Perez, Victor
Date of Arrest:
08/04/2024
Charges For Arrest:
Public Drunkenness – M
Public Drunkenness – M
DISORDERLY CONDUCT – M
DISORDERLY CONDUCT – M
FIGHTING IN PUBLIC PLACE, AFFRAY – M
AFFRAY (FIGHTING) – M
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On 08/04/2024
at approximately 0850 hours, Units responded to [2800 BLOCK] Capital Street apartment in reference to a large crowd fighting, drinking alcoholic beverages and hitting each other with beer bottles.
Prior to my arrival, Officer Caldwell advised the subjects on scene were Spanish speakers only and requested my assistance in the manner. Upon arrival, I made with one of the subjects on scene, later identified as Oscar Vargas who was seen with an open container of beer along with the other Hispanic males on scene. It is also important to note that there was loud music coming from one of the vehicles that the subjects on scene were standing next to. Oscar stated no one on scene had been fighting and the large mass of Hispanic males who are all related were just hanging out and drinking beers.
While on scene, I observed another Hispanic male in an orange shirt, later identified as Victor Perez, appeared to be upset or intoxicated enough to not comprehend that he was making with a police officer. Oscar along with some of the other Hispanic males on scene advised that Victor was fine and that they would make sure that he goes and goes to bed. Oscar advised that group of people on scene were celebrating that they were in the United States of America and not under the president of Venezuela, Nicolas Maduro, who is known to be a dictator.
I issued a verbal warning to Oscar and the others on advising them that if I were to observe any more disorderly behavior or if we were to be ed by a caller about the disorderly behavior and excessive intoxication in future encounters, they would be arrested for OCGA 16-11-41 Public Drunkenness and OCGA 16-11-39 Disorderly Conduct. Oscar, Victor and the other Hispanic males on scene advised that the laws are different in Venezuela, however they agreed with the warning and began to clean up the containers of beer and lower the music.
Units on scene left the area after the determination was made however, I was in my patrol vehicle looking at the crowd appearing to not have any incidents. I then looked at my MDT for the calls for service and from the corner of my eye observed Victor yelling at one of the Hispanic males on scene. I then observed that same Hispanic male run towards Victor and the two began to strike each other. I was unable to determine who initiated the fight due to both parties being intoxicated and one of the parties leaving the scene. The Hispanic male who left the scene remained unidentified, however he appeared to be approximately 5’3- 5’5 in height wearing a white t-shirt with a square pattern, blue jeans and barefoot. The Hispanic male also appeared to be fair skinned, having black hair and black bearded facial hair. While attempting to detain the subjects I relayed over the air for units to respond and to look for the Hispanic male who left the scene.
While on scene, Victor was placed in properly fitted double locked handcuffs and placed in the back of my patrol vehicle. A incident to arrest for Victor yielded negative results for weapons or contraband.
As units arrived on scene, I made with Oscar and asked him who the Hispanic male that left the scene was. Oscar stated he did not know who that male was after saying that everyone on scene was his family and were related. Upon realizing that Oscar lied to me, I continued to ask who the Hispanic male was and where he lived. Oscar began to yell and when I gave Oscar a lawful command to stop talking in order to continue the investigation, he continued to yell towards me. Upon impeding the investigation and continuing to disturb the peace by yelling in the public, Oscar was placed in properly fitted double locked handcuffs and initially placed in Cpl Valmont’s vehicle. A incident to arrest yielded negative results for weapons or contraband. Oscar was then assisted from Cpl Valmont’s patrol vehicle and placed in the back seat of my patrol vehicle.
Units in the area advised a canvass of the area for the unidentified Hispanic male yielded negative results. Victor was charged with one count of OCGA 16-11-32 Affray, one count of OCGA 16-11-39 Disorderly Conduct and one count of OCGA 16-11-41 Public Drunkenness. Oscar was charged with one count of OCGA 16-10-24 Obstruction, one count of 16-11-39 Disorderly Conduct and one count of OCGA 16-11-41 Public Drunkenness. Both Victor and Oscar were transported to MMC where Victor was medically cleared prior to being transported to CCDC without incident.
If the other Hispanic male is identified in the future, I will applying for a warrant for his arrest. This concludes my involvement in the matter.
[End of Narrative]