Bennett filed the motion to have evidence, including videos and statements, thrown out because he says his clients were unlawfully arrested and evidence gathered after the incident should not be permitted at trial.
Surveillance camera and cellphone video footage showed a chaotic scene on June 9 at the city-run pool as police and guests clashed. The altercation began after a juvenile, who was dropped off by Krystal Dixon, was asked to leave the pool area for not wearing the proper swim attire, and it culminated with pepper spray being deployed, the arrests of the Dixons and two juveniles, and allegations of racism and officers using excessive force.
Fairfield Police Officer Ryan Fleenor testified he was dispatched to the pool on June 9 and walked up while Krystal Dixon was yelling and cursing at pool employees. They were arguing about the pool’s refund policy.
A pool employee said five young people had been asked to leave because they were not wearing proper pool attire. Krystal Dixon was demanding a refund, which was not allowed by policy of the facility.
“I walked around to the side to basically be a visual deterrent,” Fleenor said. He said Krystal Dixon was being loud and belligerent.
Fleenor said as Krystal Dixon started to walk into the pool area, he asked the manager if she was permitted to go in there and was told no.
“I said, ‘Ma’am, ma’am,ma’am,’ and she ignored me. I reached and grabbed her left hand. She flung her hand at me and said get off me,” Fleenor said, noting the woman used cuss words and a racial slur.
The pool manager also testified Krystal Dixon had cursed and called several employees racial names.
“There were kids and families all over, ” Fleenor said.
When Krystal Dixon said she had to get more of the kids in the pool area.
“I told her she needed to get whatever kids she has and leave,” Fleenor said.
But Krystal Dixon did not stop, he said. Then she told him she didn’t have to give him her name, and she didn’t have an identification.
Fleenor then began to arrest Krystal Dixon for disorderly conduct. That is when others with Krystal Dixon swarmed about him as he tried to handcuff her.
“Maya (Dixon) Dixon was punching my wrist,” Fleenor said.
Clyde Bennett, the Dixons’ attorney, asked the officer why he decided to arrest Krystal Dixon.
“I arrested her because she was being belligerent in front of families and children,” Fleenor said. He added they were very generous, because police could also have charged her with many other things, including criminal trespass.
Bennett argued to the judge that the in the “United States of America you can be profane … it doesn’t give the police the right to to physically engage you, unless they believe you have committed a crime.”
City Prosecutor Steve Wolterman said in his argument, “the constitution does not protect all speech.”
He said Krystal Dixon’s comments were “unwarranted and grossly abusive and meant to anger people” and constituted disorderly conduct.
People were scared an offend by her behavior, Wolterman said. He added Maya Dixon’s behavior was indefensible.
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