Houston-area constable claims he was racially profiled during a traffic stop while in uniform

A Houston area constable said he was racially profiled, as part of a recent traffic stop. Waller County Precinct 3 Constable Herschel Smith, who is Black, said he found himself in handcuffs after he was pulled over in Harris County on Tuesday night.

โ€œI know I was racially profiled,โ€ Smith said.

Smith said he was driving his unmarked unit on Beltway 8 with exempt plates and wearing his uniform when he was approached by deputies from Harris County Precinct 5.

โ€œA white man saw me on the road after I flashed my light and passed him,โ€ Smith said. โ€œThen he, in return, called in on me and said that I pointed a gun at him.โ€

Harris County Precinct 5 Constable Ted Heap said his deputies were responding to a 911 caller who provided Smith's license plate and description of his vehicle.

โ€œWe handled this just as we would handle any other individual and I do not see anything so far from any of the body cameras that would bring me any concern,โ€ Heap said.

In the call, the man said he thought he was being pulled over by the police.

โ€œHe pulled up next to me and he pointed a gun at me, was like yelling stuff at me and drove off,โ€ the caller said.

โ€œThe suspectโ€™s race was never mentioned so our officers have no idea of who theyโ€™re stopping as far as the race of the individual,โ€ Heap said. โ€œThey have a vehicle and a license plate.โ€

Smith said he was stopped in a vicious way.

โ€œIt wasnโ€™t just a regular stop, it was a felon stop,โ€ Smith said. โ€œThey ignored my badge. They ignored my uniform. They ignored my name. It said, Constable.โ€

Heap said when his deputies ran the license plate, it came back as registered to a holdings company, not the county, so they did not know it was a law enforcement vehicle. Heap said he is ok with releasing body camera footage but is waiting on guidance from Texas Rangers, who will now investigate the case.


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