Mukongo, Exauce Mbuyi
Date of Booking:
Reason(s) For Booking:
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets. Some errors may exist.]
On March 5, 2022, at approximately 0947 hours, I responded code 3 to 912 Loganville Hwy (MCDONALDS-BETHLEHEM) for a physical dispute.
Upon arrival, I met with Simplice Mukongo and Exauce Mukongo in the manager’s office. They stated that Exauce got into a verbal altercation with [WITNESS #1] about how he was cooking the eggs. The two went back and forth until Exauce threw something at the grill and the individuals walked towards each other yelling but did not make contact with each other because Mark Fitts pulled Exauce away from [WITNESS #1].
I then watched the video of the incident. I observed the verbal altercation between the two individuals. Then I was informed of a physical altercation. I watched the video showing Mark walking towards Exauce and Simplice with his arms in the air. When he got to them he shoved Exauce and then Mark, Exauce, and Simplice began throwing punches at each other.
I read Mark Miranda warning and he agreed to talk to me about the incident. I asked him about him walking towards Exauce and Simplice. He stated that they charged him. I told him that I watched him on video walking towards Exauce with his arms in the air then him shove Exauce and then a brawl began.
It appeared that Mark and Simplice were exchanging words before the brawl took place. I placed him in double-locked handcuffs with his hands behind his back and checked for proper fit. I informed him that he was detained.
I then read Exauce and Simplice Miranda warning, which they both agreed to speak with me. Simplice stated that Mark approached him and pushed him so hit began punching him back.
Exauce stated that he saw Mark push his brother so he jumped in and began punching him too. I placed both individuals in double-locked handcuffs with their hands behind their back and checked for proper fit. I advised Dispatch that I had three subjects under arrest.
I walked both of them out to my patrol vehicle and searched them for contraband, but none was located. Deputy Wolf transported Mark to the Barrow County Detention Center while I was giving Exauce and Simplice’s property to their family member who arrived on scene.
I transported Exauce and Simplice to the Barrow County Detention Center and transferred custody of them to the deputies on shift. Before and after transport the backseat of my patrol vehicle was checked for contraband, but none was located.
Mark, Exauce, and Simplice were arrested for Affray.
None of the individuals needed medical attention after the incident.
All three were issued citations for Affray OCGA 16-11-32