VIRGINIA BEACH, Va. (CNN) — John McIvor was in Building 2 when a gunman killed 12 of his co-workers May 31.
“I can’t believe somebody would do something like that,” McIvor said.
McIvor works in the IT department. For the past month, he’s been in Building 17. This week, he was told he was going back to Building 2.
“People lost their lives in there, and I think, you know, right now isn’t the time,” McIvor said. “I wasn’t ready to go back in there and work.”
Tuesday, he met with a supervisor about having to go back to Building 2.
According to court records, McIvor became agitated and angry. He then began yelling and stormed out of the office.
“I don’t want to be coerced to go back in there,” McIvor said. “I wanted to talk to HR and see what my options were.”
HR told McIvor they would find another position for him so he didn’t have to go back in that building. Thursday at work, police showed up and he was arrested.
His supervisor, Darrell Riddick, went to the magistrate and took out a warrant against McIvor for disturbing the peace.
He ended up spending 24 hours in jail.
“I just want to clear my name and get back to work,” McIvor said.
City officials told us they can’t talk about personnel matters.
Riddick said to talk with the city and not to call him again.
McIvor’s attorney thinks these charges are crazy.
“The allegation is that he was agitated, that he was annoyed, that he raised his voice, and those things maybe true, but they are not criminal,” defense attorney Taite Westerndorf said. “It’s not criminal to raise your voice, it is not criminal to be agitated. and I think under the circumstances it is understandable that he would feel that way.”
No one was ever threatened.
“When I read the criminal complaints, I was outraged, not only as an attorney, but as a member of the community to see that this is how we are treating the survivors of the tragedy,” Westerndorf said.
McIvor says he simply doesn’t want to go back into Building 2.
“I can’t believe they would ask anyone to go back in there at this point,” McIvor said.