Second Bier Garden defendant pleads guilty to lesser charges

Second Bier Garden defendant pleads guilty to lesser charges-attachment0

Michael Plemmons, a former Bier Garden employee arrested after a controversial fracas with an ALE officer, pled guilty to assault with a deadly weapon on a government official, resisting a public officer and simple assault on Dec. 15, court documents show. Plemmons will serve 120 days supervised probation and a year unsupervised.

The charges spring from a May incident in which ALE officer David Miller was assaulted while trying to write tickets to Bier Garden employees for drinking after hours, according to authorities. Plemmons attacked Miller, striking him with his fist, grappling with him and biting his finger, according to the ALE’s account.

However, then-manager Malcolm Knighten asserted in a 911 call that Miller was harassing employees and had not identified himself. In the call, Knighten said he didn’t believe Miller was a law-enforcement officer. Miller can be heard telling Plemmons, “You’re going to get maced for real, dude.” Knighten struck Miller with a barstool.

Knighten plead guilty to assault with a deadly weapon, selling an alcoholic beverage after hours and resisting a public officer in September. He received nonactive probation and had to perform community service.

Plemmons was also charged with interfering with the inspection of a licensed premise, selling alcoholic beverages after hours and assault inflicting serious injury, but those charges were all dropped.

— David Forbes, staff writer

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15 thoughts on “Second Bier Garden defendant pleads guilty to lesser charges

  1. Bill

    I remember several folks on here saying it was the ALE officer’s fault and that he was at fault. Why? Somebody said they knew the barkeep and bouncer from high school so that meant they were not guilty? WEll I thought the police were right all along. Guess I was right. -;)

  2. Braxton

    This isn’t fair. Bugg knew one of these guys from High School. There is no way he is guilty. The cops framed him!

  3. If you check the original thread Braxton, I noted how long I’d known Plemmons for when people (most likely you under one of your e-aliases) were asserting this behavior was that of a “New Yorker”.

  4. Reality Check

    It seems now to be a clear case of late night drinking busted by ALE. When they knew they were busted, tension/frustration ballooned into a confrontation. Happens all the time. Still not excusable.

  5. Piffy!

    “It seems now to be a clear case of late night drinking busted by ALE. ”

    How so? Because he plead guilty? you perhaps have no idea how the court system works, is my guess.

  6. Reality Check

    Oh yeah, I plead guilty to things I didn’t do all the time. More likely is a plea to a lesser charge to save everyone the headache of a trial.

  7. dave

    AreCee-You would very likely plead guilty to a lesser charge if you did not have the time or money to go to trial. It happens all the time. Dont you watch teevee?

  8. fusionjunkie

    The Blue laws in North Carolina are so archaic and strict. Just about every bar around has experienced harassment at one time or another. I myself was arrested for pot possession by the ALE while working in a bar about 10 years ago. The ALE officer busted in the back door, put me against the wall, and said he saw me ‘smoking’. He did not see that, and never found the aforementioned pot. He was just bored and trying to hit his quota, which I was quick to mention to him. In court, the charges were thrown out due to lack of evidence, and the ALE officer was reprimanded for his shady and time wasting tactics. It still cost me $500 dollars for a lawyer. $500 for being innocent. It would have cost less to plead guilty. What does that tell you? Ugh!

    We now live in a police state in this country. Our local police forces have been increasingly militarized since the 1980’s in preparation for what the US ARMY WAR COLLEGE has recently stated (in an official report) will be, “increasing civil unrest in the coming years due to the economy and possible nuclear and biological terror attacks.” I’m glad they know what we will be facing in the coming years. Fortune tellers; or privy to secrets that the American people will not know till it’s to late?

    Don’t believe me? Here is a quote from the Scottsdale, Arizona police chief in response to the USAWC report, “We have well established plans in place for such civil unrest,” said Scottsdale Police spokesman Mark Clark.

    In the last two weeks, the USMC (The Marines) have been under increasing scrutiny for doing joint road blocks with the California Highway Patrol in 29 Palms , California, violating Posse Comitatus. This is felonious on the part of the CHP and the USMC, and it’s scary.

    Still don’t believe me? A 20,000 man, battle hardened brigade of army troops has just returned from Iraq with the expressed mission of dealing with this expected ‘American” unrest. They are stationed at Fort Stewart, GA; too close for comfort if you ask me. This is also in direct violation of the Posse Comitatus Act which prevents the use of military personnel against the American people. The Marines say they were only observing. Yeah right! Get ready for more infringement on our expressed personal rights.

    Cops should be pillars of the community; people you can go to when help is needed. Now, when we are stopped and asked for our ‘papers’, we live in fear of huge fines, trumped up charges, and worst of all, a possible lethal tazerring if we stand up, even verbally, for our personal rights. Remember, “Don’t taze me bro!”?

    Resist totalitarianism at every turn people! Good for you Bier Garden. F*%K that ALE officer. He probably believes we should give up our Liberties for our Freedom. He should be fired for threatening to pepper spray the employee for calling 911 just to get a third party observer. Not that the third part would have been any better. We all know how corrupt APD and the Sheriff’s Department are. Makes me sick!!!!!!!!!!!!!!!!!!!!!!!

  9. Cheshire

    fusionjunkie: you should’ve stopped after the first paragraph.

  10. ANYWAY....

    Fusion Junkie: Whoa, man.
    Moving on, here’s a fun fact: the “deadly weapon” with which Plemmons assaulted Miller was, get this, his teeth. Plemmons bit Miller’s thumb when Miller shoved it into his mouth. Assault with a deadly weapon for biting someone who shoves his thumb into your mouth.
    Here’s another one. The court system isn’t run by judges anymore. It’s run by the prosecutors, who tack on as many ridiculous charges as they can in an effort to scare the defendants (successfully) into pleading guilty to something, anything, to keep cases from going to trial. The majority of cases are “resolved” in this fashion. Anyone who gets arrested for anything is left staring up the barrel of a gun and HOPING that they get that plea offer so that they can, in fact, plead guilty to something that doesn’t land them in jail.
    Anyone who is at all familiar with our modern court system (in other words, NOT you, reality check) knows that more likely than not, an accused individual will plead guilty to lesser charges because their lawyer advises them to do so. The prosecutor tells your attorney what the plea offer is, and you can either spend the next year of your life in a courtroom, and then maybe in prison, or you can spend it however you want, on probation.
    The whole “I knew they were guilty” thing is so completely tiresome and retarded. You didn’t know anything about anything and you still don’t. You have no idea what you’re talking about and you never did. You didn’t see your friend and colleague being beaten within an inch of his life. You didn’t do what any rational person would have done, which is try to defend himself and his friend.
    And apparently, you didn’t even listen to the 911 call, in which you can hear Plemmons screaming for Knighten to help him. How long would you listen to that? How long would you watch your friend being beaten by a stranger before you reacted out of instinct and/or necessity? Would you have just stood there and done nothing? If so, you’re a coward. And I thought you were all along. Guess I was right.

  11. fusionjunkie

    Anyway: Right on, sir! Its nice to see that at least some of our citizens are informed of the dire situation that we are in. Unfortunately, most of us have to figure it out the hard way. Maybe ‘reality check’ will have the benefit of a first hand (or finger) experience of the ‘criminal justice’ system at the hands of APD, ALE, SBI, Sheriff’s Department, or worse yet, Homeland Security. Maybe then he or she won’t be so quick to cry “GUILTY!!!!” Then again, maybe ‘reality check’ is a member of one of these venerated law enforcement agencies, and has been so brainwashed that there is no hope for them.

    Another fun fact: In The Patriot Act, all state misdemeanors and felonies were initially classified as ‘acts of terrorism’. After huge protest (yes it does work) this has supposedly been altered to only include federal terrorism crimes, but the definition of that is still very broad, and largely undefined. What does this mean to us? Bite a finger that gets shoved in your mouth by an agent, and you might be headed to Guantanamo Bay for an extended vacation. An obvious exaggeration; however…it is a slippery slope, so watch your step!

    Cheshire: I’m sorry if I am boring you, or if you think I am crazy…however, I feel that all of this is quite relevant and know that it is true. Homeland Security is training state and local law enforcement (ALE, APD, Sheriff’s Dept.) on how to enforce the ‘patriot’ act, the army is ‘ready to roll’ against the American people (look up Operation Garden Plot), the Patriot Act does take away your inalienable rights, our Constitution is being eviscerated (and will continue under Obama), and none of this is for your ‘security’, it’s about control; trust me. Do some research guy.

    “Any society that would give up a little liberty to gain a little security will deserve neither and lose both.” Ben Franklin

  12. Cheshire

    You weren’t boring me. You made your point in the first paragraph…the rest was just putting your foot in your mouth. That’s all I meant. *shrugs*

  13. fusionjunkie

    Cheshire:

    Shrug it off all you want, but there are many connections. All of this is happening, and the Bier Garden case is a small example of the new totalitarian approach to law enforcement in the U.S. It is just another slide toward the despotism we will face soon, if we don’t educate ourselves, stand up for ourselves, and prepare.

    Guilty until proven innocent; that’s the American way now. ‘Reality check’ said it his/her self. When the American people are so conditioned to see things in this way, and ‘shrug’ off the seriousness of these connections, then the shadow government can, and will implement all of what I have discussed in the previous posts. The failing economy will be a perfect excuse. Look at history.

    I feel it is important that we draw these connections, and that we be willing to look at the truth, no matter how unbelievable or uncomfortable it may be. Our local law enforcement will be the last line of defense if Martial Law is declared in the event of another inevitable major disaster (remember what Biden, Albright, and Powell said in the run up to the election; also look up REX 84). So when our own locals behave in the manner that the ALE agent did, I fear we have a very real and desperate problem facing us, and that ‘Homeland Security’ is succeeding in getting local law enforcement to behave like Gestapo.

    Peace to you Cheshire, but please look into all of this if you haven’t already…for your own sake.

  14. um.....

    we’re talking about a bar brawl started by a redneck cop who didn’t show a badge, right?
    i’m pretty sure that’s what we’re talking about, since i was there.
    let’s leave biden and the gestapo out of it.

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