College basketball player arrested with stun gun outside Ann Arbor bar
A University of Detroit Mercy basketball player was arrested early Sunday outside an Ann Arbor bar after police said they found a stun gun in his pocket.
Alvin “P.J.” Boutte, 19, a freshman guard for the Titans, was arraigned Sunday morning at the Washtenaw County Jail on charges of possessing a stun gun and being a minor in possession of alcohol.
Boutte
He was released Sunday afternoon on a promise to appear, jail officials said today.
It's unclear whether Boutte will face any disciplinary action with the program. Mitch Wigness, the university's director of sports information, said today that the athletic department is still looking into the matter.
Ann Arbor police spokeswoman Lt. Renee Bush said Boutte was arguing with an employee of BTB Cantina at about 1:25 a.m. Sunday outside the bar at 1140 South University Ave.. An officer heard the men arguing, police said, got out of his patrol car and spoke with Boutte, who was walking down some stairs outside the second-floor bar.
Bush said Boutte "had a strong odor of alcohol coming from his person and his speech was slurred." The officer told Boutte that he needed to leave because that's what the employee asked, Bush said. Boutte told the officer that he should be let into the bar, Bush said.
Bush said the officer spoke to the employee who told police that he asked Boutte to leave because Boutte attempted to get into the bar with a fake identification. When the officer asked Boutte for his identification, he handed over a student ID, showing he was 19, Bush said. Police said Boutte did not have a fake ID with him.
The officer searched Boutte and found a stun gun in his left front pants pocket, Bush said. Bush said Boutte told police that the stun gun wasn't his.
Boutte was arrested, taken to the police station and booked at the jail at 3:39 a.m. Sunday, officials said. He was released at 12:30 p.m. that day.
If convicted of possessing a stun gun, Boutte could face up to four years in prison. A preliminary hearing is scheduled for Oct. 19.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
djm12652
Wed, Oct 12, 2011 : 2:34 p.m.
omg, putting this young man in jail for having a stun gun that wasn't even his and having the smell of alcohol on this breath? seriously...there are evil, reverse pick pockets that will place illegal paraphenalia and/or weapons in your pockets or waistband...and you won't even know it...and I commend the young man for using mouth wash, because at 19 and a college student, I'm sure he is fully aware of the law regarding the consumption of alcohol and it was mouth wash they got a whiff of.
Ron Granger
Wed, Oct 12, 2011 : 1:52 p.m.
Sweet justice, take thy hand... in handcuffs. Don't they have bars in detroit where this kid can try and drink underage, with his stungun, on a SUNDAY night? The kid was given a huge gift - the chance to quietly and quickly take his allegedly intoxicated, underage, stun-gun carrying self out of there and away from the police. But to stick around and continue to push the issue? Guess he shoulda been home studying. At least he didn't drive.
djm12652
Wed, Oct 12, 2011 : 5:56 p.m.
at least not back to the D
RJA
Wed, Oct 12, 2011 : 4:27 a.m.
If one is carrying a stun gun in his front pants pocket, I would guess it was his. As far as false ID, he could have discarded that real quick. (at 19 yrs. of age and he told the officer he should be let into the bar?) Good catch employee, you deserve a raise.
goingfast3579
Wed, Oct 12, 2011 : 4:04 a.m.
Let me ask ask a question since you all know the law of several states 30 yrs. ago. why was my case from ohio unlayfully used agaist me? i can't ask my cousin a ohio law school grad because she was murdered. i have not had a michigan driver licence in almost 17 yrs. any help thank you posters.
djm12652
Wed, Oct 12, 2011 : 6:07 p.m.
huh?
goingfast3579
Wed, Oct 12, 2011 : 4:08 a.m.
it was a dui case not stun gun case
Ricebrnr
Wed, Oct 12, 2011 : 3:18 a.m.
Dumb, iirc it does not matter to the defendent who bought and owns the stun gun. The fact that it was in his pocket and therefore under his control satisfies the possesion charge. Love hearing that excuse. Duh
djm12652
Wed, Oct 12, 2011 : 5:59 p.m.
@cinnabar....I thought about that but trying to use Donna Karan's name is an expensive excuse!
cinnabar7071
Wed, Oct 12, 2011 : 12:20 p.m.
So me writing someone elses name in my pants will do no good if I'm caught with drugs or guns. My plan if caught was going to be. Oh look these arent my pants, they belong to Tony, look his name is right there, how'd I get his pants? I better come up with plan B
10dz
Wed, Oct 12, 2011 : 1:27 a.m.
just another case of being in the wrong place at the wrong time. its to bad this poor kid was mistreated like this. And to think someone put a Stun Gun in his pocket without him knowing. I think he is being framed. How do explain him being at a bar this late, with alcohol on his breath? Someone must have kidnapped him and got him drunk before dropping him off at this bar. This poor kid deserves another chance, just one more chance. Especially since he can run and jump so high. And if he is being counted on to score points for U of D, I say lets talk the coach into naming him a captain for the coming season. After all, he' been through so much and the players on the team can learn from his mistakes. I think he is a great role model.
djm12652
Wed, Oct 12, 2011 : 6:06 p.m.
I agree, this kid was a pawn in a much greater scheme...otherwise why would any college student be out at a bar when there are classes on Monday morning?
Sallyxyz
Wed, Oct 12, 2011 : 12:46 a.m.
"Bush said Boutte told police that the stun gun wasn't his." Who does it belong to and how did it get into his pant's pocket if it isn't his? This doesn't sound credible, to say the least.
a2citizen
Wed, Oct 12, 2011 : 3 a.m.
Maybe they weren't his pants.
rcastentman
Tue, Oct 11, 2011 : 11:38 p.m.
"The officer searched Boutte and found a stun gun in his left front pants pocket, Bush said. Bush said Boutte told police that the stun gun wasn't his." I'll bet the judge or jury will buy that explanation. I mean, don't we all walk around with other peoples stuff in our pants?
Nephilim
Wed, Oct 12, 2011 : 4:18 p.m.
Chimel v. California
Nephilim
Wed, Oct 12, 2011 : 4:15 p.m.
Terry v. Ohio
Roadman
Wed, Oct 12, 2011 : 1:40 a.m.
It reminds of me a true story a criminal defense attorney told me that he grilled a client on how his fingerprints turned up on a gun; the response: "I don't know - maybe someone put them there."
Roadman
Tue, Oct 11, 2011 : 11:58 p.m.
The possibly best way of fighting that charge would be a Fourth Amendment challenge that the officer did not have legal authority to search him and the fruits of the search should be suppressed from evidence. Possession alone justifies a conviction on the charge.
Jimmy McNulty
Tue, Oct 11, 2011 : 8:44 p.m.
Pants on fire.
clownfish
Tue, Oct 11, 2011 : 7:59 p.m.
We need to close the alcohol dispensaries in the state of MI, the crime associated with them is costing tax payers too much!
Steve
Wed, Oct 12, 2011 : 4:16 p.m.
Beer and Liquor taxes account for almost $100 million. I doubt alcohol related crime is costing nearly as much. How about we increase alcohol taxes and use that to hire more police.
Roadman
Tue, Oct 11, 2011 : 7:55 p.m.
"Bush said 'Boutte had a strong odor of alcohol coming from his person and his speech was slurred' ". Why is police spokesperson making these allegations of a patrolman to the public? These public pronouncements could prejudice a potential jury pool and, worse, if inaccurate or exaggerated, could harm his public reputation unfairly. The imprimatur of the police department is endorsing allegations and presenting them as undisputed or indisputable fact. What if the arrestee has a speech impediment? What if someone spilled a drink upon him? The police spokewoman's averments to the public are not very responsible.
cinnabar7071
Tue, Oct 11, 2011 : 8:42 p.m.
LOL! Or he could have been drunk and carrying a stun gun. Speech impediment? I have one of those too, but it only shows up after I've had too much to drink.
racerx
Tue, Oct 11, 2011 : 7:53 p.m.
How are you charged with being a minor in possession of alcohol if none was found on you? Was it because he smelled of alcohol? The first paragraph says he was charged with both crimes. Was this based on smell only? Or was a blood test drawn? There's so much about the law I don't understand. Can you really be charged with possession because you might had dranked some but physically don't have any on you? Mmm....
momRN
Tue, Oct 11, 2011 : 11:14 p.m.
another hack attempt at journalism. assuming, of course, we hold annarbor.com to the same standards as a legitimate news publication
Roadman
Tue, Oct 11, 2011 : 10:35 p.m.
@Adam: Breathalyzers are large machines employed at police stations - not portable at all. The PBT is the Preliminary Breath Test that officers keep in their vehicles sold as the Alco-Sensor III by its manufacturer to support a probable cause finding for an OUIL arrest. It costs about $600.00 but its results are inadmissible at trial except for impeachment purposes. It is unreliable at other than room temperature.
Adam
Tue, Oct 11, 2011 : 10:23 p.m.
If the police gave gave him a ticket without breathalyzing him, then he has a case. However, I am sure that one was given. That is standard procedure in cases like this. It probably just was not reported in the article.
Tru2Blu76
Tue, Oct 11, 2011 : 8:06 p.m.
I agree that if an alcohol test was taken, the article should have reported that. OTH: finding an underage person who has been drinking is prima facia evidence that he / she was "in possession" because obviously, they had to be in order to show evidence of drinking. Since Mr.Boutte was not admitted to the bar on E. U., then police have a basis to find out who provided him with alcohol so further charges can be brought against the provider. BTW: the fine for providing alcohol to minors can be well over $1000.
Roadman
Tue, Oct 11, 2011 : 8 p.m.
There are courts that have held your body can be a receptacle of contraband for the purpose of a controlled substance charge.
xmo
Tue, Oct 11, 2011 : 7:33 p.m.
Sounds like he might get a Full Ride at "Jackson State".
tinkerbell
Wed, Oct 12, 2011 : 3:59 a.m.
Probably not. If he is convicted, it is his first offense. It is unlikely he would go to prison for his first CCW or even his 10th
Roadman
Tue, Oct 11, 2011 : 7:57 p.m.
Jackson State was the alma mater of Walter Payton - the one in Mississippi.