CLINTON — On Friday, July 8 at 11:34 p.m., Patrolman Michael Frick and Sergeant Brenden O’Malley of the Clinton Police Department were dispatched to the Simple Man Saloon on High Street following a report of a highly intoxicated patron refusing to leave the bar.
A few minutes later, Patrolman Frick and Sgt. O’Malley arrived on scene where they observed the intoxicated patron, later identified as William Nagy, interacting with the doorman outside the establishment. (According to his arrest report, Nagy is a 32-year-old Clinton resident who works as a carpenter).
“I immediately took notice that there was a male standing face to face with the doorman,” wrote Patrolman Frick in his Narrative of the incident. Later adding, “Mr. Nagy was yelling in [the doorman’s] face that he was not drunk and was not going to leave. [The doorman] asked if Mr. Nagy was vomiting in the bathroom.”
Patrolman Frick intervened, asking Nagy for his name and if he wanted a ride home.
“At this time, I introduced myself to Mr. Nagy and asked him his name. Mr. Nagy told me he did not have to tell me. I advised him we were called to the bar because he was refusing to leave. Mr. Nagy then started walking away from me,” wrote Patrolman Frick in his Narrative. “[The doorman] stated that he wanted his name because the bar wanted to advise him of a verbal no trespass in my presence and they never want him back again because of him causing a problem in the bar and being highly intoxicated.”
According to Officer Frick, Nagy was visibly intoxicated, sweating with bloodshot eyes.
“It should be noted that Mr. Nagy’s cheeks were bright red, he was sweating, his eyes were bloodshot red and there was a very strong odor of an alcoholic beverage emitting from his breath as he was yelling at [the doorman] and yelling at me,” wrote Patrolman Frick in his Narrative. “As he walked down High Street, he was unsteady on his feet swaying side to side and stumbling at times as he walked. I then asked Mr. Nagy if he lived in town and needed a ride home. Mr. Nagy stated he was fine to drive and only lived up the street and he could make it.”
After telling Nagy that he was not going to drive home because he was heavily intoxicated, Patrolman Frick said Nagy continued walking toward his car.
“Mr. Nagy continued walking towards his car, stating he could pass sobriety tests and would be fine to drive just a short distance. Mr. Nagy was slurring his speech and now I could detect an even stronger odor of alcoholic beverage emitting from his breath and person as he continued to yell to me,” wrote Patrolman Frick in his Narrative.
At this time, Patrolmen Michael Fazio and Chris Billings arrived on scene.
“Fearing Mr. Nagy was going to try and drive while very intoxicated and his complete disregard of my requests to take the ride home from the police, I decided to place Mr. Nagy into protective custody and advised him of this,” wrote Patrolman Frick in his Narrative. “I told Mr. Nagy to put his hands behind his back and submit to being put in handcuffs and that we were simply placing him in protective custody to protect him from harming himself and others.”
Patrolman Frick said that after asking Nagy twice to put his hands behind his back so he could be placed in handcuffs, he resisted.
“After the second request, Mr. Nagy bladed his stance, facing me, he widened his feet a bit and started to raise his hands up and was clenching his fists,” wrote Patrolman Frick in his Narrative. “He then gritted his teeth and stared at me in my eyes. Fearing Mr. Nagy was going to start fighting me, I immediately took grab of one of his arms and Patrolman Fazio took grab of the other. We turned Mr. Nagy around and began placing him in handcuffs. Mr. Nagy began yelling at us and I took notice that a crowd was now coming out to see the commotion. There were also residents in the area looking out their windows.”
After telling the officers “there was no way” he was getting into the cruiser, Patrolmen Billings and Frick escorted Nagy to the rear of Patrolman Fazio’s cruiser anyway. Before putting him in the back seat, Patrolman Frick began “thoroughly searching” Nagy “per department policy.”
According to Patrolman Frick, Nagy refused to cooperate with the search, closing his legs when asked to widen his stance so he could check his pockets. When asked to take a seat in the cruiser, Nagy refused to do that as well.
“Mr. Nagy told me ‘no f*&king way.’ He then started pushing back against me, lowered his center of gravity and dug his feet into the ground, and started flailing side to side,” wrote Patrolman Frick in his Narrative. “He pushed his body weight towards me and Mr. Nagy is much taller and bigger than I.”
Patrolman Frick said that Nagy refused to cooperate and began to kick in his direction.
“I advised Mr. Nagy if he becomes assaultive, I would pepper spray him. I advised Mr. Nagy this three times. I also requested to Mr. Nagy multiple times to stop resisting, to no avail. It should be noted Mr. Nagy’s assaultive behavior had no legitimate purpose. Mr. Nagy would not stop his behavior and continued to twist his shoulders and kick his feet,” wrote Officer Frick in his Narrative. “At this time, I deployed a short one second burst of OC spray [pepper spray] to the forehead of Mr. Nagy from a distance of greater than three feet. Mr. Nagy immediately stopped his assaultive behavior and no longer was trying to kick at me, no longer spinning his shoulders side to side and he sat right down in the seat of the rear of the cruiser. Patrolman Fazio opened all windows of the patrol cruiser and transported Mr. Nagy to the police station to be booked according to department policy.”
Back at the station, Nagy was provided with damp paper towels and access to the eye wash station.
In addition to being issued a verbal no trespass notice from the Simple Man Saloon, Nagy was charged with Disorderly Conduct, Disturbing the Peace and Resisting Arrest.
Nagy was released on his own personal recognizance without bail following his arrest. Prior to this arrest, Nagy didn’t have a record.
Nagy was arraigned in Clinton District Court on July 11, where he plead not guilty.
Nagy is scheduled to appear in court again on Sept. 9 for a pretrial hearing.
Disclaimer: If you are wondering why the incident in this story was from July, that’s because I had to file a FOIA request to get the court documents for the incident. FOIAs are time consuming.