WALLER CO. PRECINCT THREE CONSTABLE SAYS HE WAS RACIALLY PROFILED DURING TRAFFIC STOP

  

A Waller County constable claims he was racially profiled during a traffic stop Tuesday in Harris County.

Precinct Three Constable Herschel Smith says he was in uniform driving an unmarked, county-owned unit with exempt license plates when he was stopped by the Harris County Precinct Five Constable’s Office on Beltway 8 northbound, near the Memorial exit around 6 p.m.

According to Harris County Precinct Five Constable Ted Heap, Smith’s license plate and vehicle matched the description given by a 911 caller, who stated that Smith pointed a gun at the caller.  The deputies drew their weapons during the stop and had Smith handcuffed for just under two minutes before releasing him.

Smith, who is Black, denies pulling out a weapon, and says the driver that called 911 did so after Smith flashed his lights at the driver for speeding.  He says that the 911 caller, who he claims was white, was given more credibility than he was.  He also believes the deputies who handcuffed him ignored his uniform and credentials.

Heap says his deputies did not receive a description of Smith’s race from the 911 caller, only the make of his vehicle and of the license plate.  Heap noted that when running the license plate of Smith’s car, it was registered to Enterprise Holdings, with no indication of it being a Waller County patrol vehicle.

Heap says his office handled this case as it would with any other individual, and does not see anything from bodycam footage that would be of concern.

While charges have not yet been filed, the 911 caller has indicated to investigators that he wishes to do so.

Investigation has now been turned over to the Texas Rangers.