Name of Accused:
Gomez, Bismark
Date of Arrest:
08/06/2024
Charges For Arrest:
Public Indecency, 1st Or 2nd Conviction
Public Drunkenness
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 August 6, 2024 at 3: 58 pm I, Ofc Miller, was dispatched to Maganas Liquors located at 604 Martin Luther King Jr Blvd in reference to a subject that was intoxicated and refusing to leave the business.
Once on scene, I spoke to the complainant identified as [WITNESS #1] who is an employee of Maganas Liquor. [WITNESS #1] stated that a Hispanic male had been coming into the store off and on for the last two hours. [WITNESS #1] stated that he had become heavily intoxicated and was finally refused service because of it. [WITNESS #1] stated that the male then was refusing to leave the store when asked and would just stand there at the counter. [WITNESS #1] stated that he kept passing out while standing at the counter. [WITNESS #1] advised that the male had just left before my arrival after she told him that she was calling the police. [WITNESS #1] advised that the male had left the front of the store heading east towards the other end of the building.
I then walked out of the store in the direction that [WITNESS #1] stated that the male had walked and immediately saw him standing at the corner of the building urinating out in view of the public. At that point I made contact with the suspect identified as Bismark Gomez. Immediately placed Bismark’s hands behind his back, handcuffing them and checking for fit while double locking for safety. I escorted Bismark over to the front of my patrol car where I searched him incident to arrest. While searching Bismark, I could smell the strong odor of an alcoholic beverage coming from his person and his pants were wet and smelled of urine. While searching him I found two small liquor bottles, one of which was open and half consumed. I attempted to ask Bismark questions such as if he spoke English or if he was a US citizen, but I could not understand his low mumbled response.
After searching Bismark, I then placed him into the back seat of my patrol with emphasis on placed. Bismark was so intoxicated that he could barely stand much less climb into the back seat unassisted. Sgt Bowen who arrived on scene with me had to reach across the seat from the opposite side and pull Bismark backwards into the car as I lifted his legs in order to shut the door. Bismark was not safety belted at this time because of his inability to sit up.
I then transported Bismark to the Whitfield County Sheriff’s Office where I secured my sidearm in a lock box before retrieving him from the backseat and handing him over to the booking staff with warrantless arrest number 69098 for OCGA 16-11-41 public drunkenness and OCGA 16-6-8 public indecency. Bismark blew .258 on the jail staff’s portable intoximeter. The back seat of my patrol car was searched for contraband prior to placing Bismark inside and again after taking him out at the jail. No contraband was found.
[End of Narrative]