Kevin Mitchell's reprimand of his 4-year-old son included a couple of curse words, and when a Slidell police officer overheard and told Mitchell to mind his language, the officer also found himself on the receiving end of a four-letter barrage.
Their encounter Feb. 21 in the parking lot of the Walmart Neighborhood Market on Pontchartrain Drive would lead Mitchell to post videos on social media of him cursing at the cop and later being arrested as he walked out of the store with his family.
Mitchell filed a complaint with the Slidell Police Department last week claiming police were out of line. Slidell police officials say that based on the facts, they believe the officers acted appropriately.
It started when Mitchell's son tried to open the back door of their vehicle in the store's parking lot, which Mitchell feared would bang into the vehicle parked next to them. His verbal reprimand to the child was quick and laced with foul language.
"I said, 'Don't do that expletive expletive,'" Mitchell said.
But the driver of the other vehicle was Capt. Kevin Swann of the Slidell Police Department, who was parked in an unmarked vehicle at the store, where the Krewe of Selene parade would soon pass.
Mitchell said Swann told him not to use that kind of language with children around.
"I said, 'Sir, I'm talking to my child. These are my kids,'" Mitchell said. He said Swann told him "We don't do that in Slidell."
Mitchell then took out his phone and videotaped the exchange in which he unleashed additional four-letter words, including calling the uniformed officer, who is white, the N-word, as he walked with his family into the store.
When Mitchell and his family came back out of the store, Swann and two other officers arrested him on a misdemeanor charge of disturbing the peace, handcuffed him and took him to jail.
State law includes addressing "any offensive, derisive or annoying words to any other person who is lawfully in any street or other public place" in its definition of disturbing the peace.
Noting the videos that Mitchell posted to social media, Slidell Police Chief Randy Fandal said he thinks Mitchell was disturbing the peace.
“I have reviewed the videos taken by Mr. Mitchell," Fandal said in a statement. "There was more than enough probable cause to arrest Mr. Mitchell."
However, Fandal said the department will do a full investigation to determine if the officers committed any policy violations.
Public information officer Daniel Seuzeneau said that Mitchell could also have been cited for contributing to the delinquency of juveniles.
"As Chief Fandal mentioned, there isn’t even a question that this was a 'good arrest.' More than enough probable cause existed," Seuzeneau said.
But Mitchell said that Swann escalated matters. "It was a situation that was very small and very petty, and he turned it from a 5 to 10 all the way up to 100. It's his job to defuse, but he threw a match on it. He lit it up," Mitchell said.
The 29-year-old father of five said he doesn't think he did anything wrong. "I had to do what I had to do," he said. "If my child had hit the (other car's) door, I would have been paying the insurance. I didn't know using that word would send me to jail."
His wife, Jordan Mitchell, said that when the family went into the store to shop, Swann came in and watched them. Kevin Mitchell said he told their oldest child to video them exiting the store, because he was expecting something to happen.
The Mitchells said Slidell police officers came to the family's home the next day and asked if they had been flooding the department with phone calls or using an app to make calls from their phone seem like they were coming from another number. The Mitchells said they had not.
The Mitchells said officers also suggested that the calls were the result of the Mitchells posting their encounters with the police on social media and that the number of phone calls was interfering with their ability to take emergency calls.
Mitchell's Facebook page shows that the video of his arrest received more than 57,000 views and was shared 1,600 times. The video showing the cursing of the officer was far less widely viewed and shared.
Mitchell said he doesn't regret his actions. "I apologized to my baby — not to the officer or anybody in Slidell," he said.
But Seuzeneau said that people live in Slidell because they enjoy a safe and family-oriented community.
"Not in relation to this particular incident, but in general, if someone is repeatedly yelling extreme profanities and racial slurs, at a public place like Walmart, and refuses to calm down and continues to carry on, causing alarm and distress to innocent bystanders … YES, they WILL BE arrested," he said in an email.
This story was altered on March 4, 2020 to correct Daniel Seuzeneau's title.