Business & Tech

Sheriff Schmaling: There Is No Racial Profiling Going On

Hundreds of people from the Latino community attended a meeting held Monday night in Racine with law enforcement about concerns over alleged instances of racial profiling.

While Racine Police Chief Art Howell, Racine County Sheriff Christopher Schmaling, Mayor John Dickert, members of Voces De La Frontera, and the Racine Interfaith Coalition participated in the meeting, it was Schmaling who answered the bulk of the questions over how his deputies conducted traffic stops.

At one point during the meeting, Pastor Jhon Freddy Correa asked the crowd how many people thought they had been unjustly stopped and well over 100 people raised their hands. But, as Schmaling listened to what people described as racial profiling, he said he didn't agree with the crowd's assessment that racial profiling was taking place. Still, he promised to look further into cases where people -- who had been flagged for not having a driver's license because they are in the country illegally -- are being stopped.

"We look for probable cause, it has nothing to do with the color of your skin," he said. "If you don't have a valid driver's license, you can anticipate being cited. I understand that you have a concern about why you are being stopped and the fact that you have a driver's license or lack thereof. However, we are law enforcement, not the lawmakers."

He explained to the crowd that his job was to enforce the law and driving without a driver's license was considered a crime. The department uses mobile data terminals that allow officers to scan license plates to see if the registered owner of a car doesn't have a valid driver's license, which constitutes enough evidence for probable cause to pull over the driver of that car.

"That's what law enforcement does, we proactively patrol," he said. "We've solved major crimes that way and you want us doing that. You want your streets safe and we've found hundreds of criminals that way."

Schmaling's proactive patrolling has also been seen as racial profiling by some in the Latino community.

Cecelia Anguiano said her father, Victor, who is a legal citizen, was stopped by a Racine County Sheriff's deputy on Highway 11 near Highway 31 earlier this year, without probable cause, she said.

"He was leaving his third shift job and he saw the Sheriff's deputy by the parking lot," she said. "He waved hello and the sheriff waved back, and then he pulled him over."

Cecelia said the deputy asked to see Victor's license and registration, which he gave him and Victor asked the deputy why he was being pulled over. The officer said he'd be right back, and took his papers. When the officer returned, Victor again asked why he pull him over, but the office only told Victor that he could leave, she said.

"He wasn't issued a citation," Anguiano said. "My dad was pretty angry about that."

One woman, who was driving a car belonging to a person who had been flagged for not having a license, told Schmaling that even though she had a license and hadn't been doing anything wrong, she had also been stopped by a Racine County Sheriff's deputy.

Michaela Gutierrez' husband Ezequiel was brought to the United States by his parents when he was eight-years-old. Ezequiel's car was flagged for driving without a license three times, but Michaela was stopped when she was driving his car.

"The Sheriff was surprised that I was driving," she said. "He didn't even ask for my license and I have a license."

Schmaling told the crowd that he had not received any complaints alleging any of these incidents, but he encouraged the crowd to file them. He also promised to review the reports associated with the complaints.

“But I cannot give you permission to break the law, I just cannot do that,” he said.

Still, Jose Lopez pleaded with Schmaling.

“Please feel our pain, we need your help,” he said. “I am a hard worker. I am not a criminal.”


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