Posted: 6:34 p.m. Wednesday, Sept. 5, 2012

Man arrested with attorney hopes cell video will free them of charges

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Miya Griggs photo
Miya Griggs
Yard House Restaurant photo
Atlanta police arrested Fulton County Assistant District Attorney Miya Griggs outside the Yard House Restaurant in northwest Atlanta early Saturday after an argument with police got loud.

By Tom Jones

ATLANTA —

The attorney for a man arrested with an assistant district attorney hopes cellphone video proves he did nothing wrong.

Zachary Mitchell was arrested by Atlanta police and charged with obstruction, disorderly conduct while under the influence and disorderly conduct while being violent during an incident at the Yardhouse Restaurant in Atlantic Station.

His companion, Fulton County Assistant District Attorney Miya Griggs, was also arrested and charged with obstruction, disorderly conduct while under the influence and battery.

Mitchell's attorney, Gerald Griggs, who is no relation to Miya Griggs, said his client took cellphone video that shows he wasn't drunk, wasn't violent and did nothing wrong.

"The police were being overly aggressive," Griggs told Channel 2's Tom Jones.

Atlanta police said the incident began Friday night after managers at the Yardhouse kicked Mitchell out after several women accused him of groping them. Police said the women declined to prosecute. Officers said Mitchell acted as if he was going to hit a manager. A security guard then tried to question him.

Mitchell's cellphone video shows the security guard trying to take his cellphone as he records officers talking to him.

The video appears to show the security guard scuffling with Mitchell for the phone. An officer instructs the security guard that Mitchell has a right to record the encounter.

Officers said Miya Griggs was drunk, tried to pull Mitchell away as they talked to him, flashed her DA's badge and even hit an officer in the face with the badge. But her attorney, Mawuli Davis, said the allegations are out of character for her.

Mitchell's attorney said his client was trying to leave and had every right to since there were no charges and he wasn't under arrest.

"Under our laws you have a right to walk away from unlawful questioning. If he's not arrested there's no need to question, no need to detain him," Griggs said.

Griggs wants the charges dismissed against his client.

Meanwhile, Fulton County District Attorney Paul Howard said he is reviewing this incident and will determine Miya Griggs' employment status after that review is complete.

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