Update: April 8, 2007
Happy Easter
April 8, 2007
Office of the Sheriff
Kendall County
Mr. Phillip J. Smith, Police Operations Commander
1102 Cornell Lane
Yorkville, Illinois 60560-9597
Re: Racial Profiling and Discriminatory Acts
Mr. Smith:
Your reply to my correspondence does not address the main issue. The main issue, as I reported in my correspondence, is “This Sheriff’s deputy told me he “spotted” me at the stop sign at Route 52 & Route 47. Your Sheriff’s Deputy saw a “black” man stop at Route 52 & 47 among many “white” people driving and started following the “black” man. This is racial profiling. Address this issue. Your Sheriff’s deputy had no “probable cause” to follow a “black” man or me.
Your response letter is full of “system” jargon. As articulated in your response, your policies are standard “human rights” practice. Just because you have policies in place does not mean the policies were adhered too.
You talk about how the Sheriff’s deputy was “offended” by my accusations. Sir, I was outraged at the statement he made to me, which I have reiterated above. You also state the Sheriff’s deputy is a minority also. I am black. Is your Sheriff’s deputy black? Being black is the issue. Please stay with the issue. Stop attempting to cloud it with your jargon.
You also talk about your Sheriff’s deputy has a jurisdoctorate and is licensed to practice law in Illinois. So what!!! I will, very soon, have my PhD in Human Services. I have also litigated in my own behalf, for about 15 years. What does this mean? This has nothing to with the issue I raise. Does this mean your Sheriff’s deputy will always be right? I do not think so.
Finally, you state “Each squad car in the Kendall County Sheriff’s Office fleet is equipped with a video recording system….” If this is true, you have the statement above that I point out. Address the issue of the Sheriff’s deputy telling me “…he spotted me…” or shut up. Your office is covering up this issue.
My correspondence may not help me but if my correspondence can affect commerce in Kendall County by alerting the public to your processes/mess, it serves its purpose.
Fred L Nance Jr.
Posted at: http://clickforjusticeandequality.blogspot.com/ and http://click.townhall.com/
March 11, 2007
Mr. Richard A. Randall
Sheriff, Kendall County
1102 Cornell Lane
Yorkville, Illinois 60560
Re: Racial Profiling and Discriminatory Acts
Illinois Citation and Complaint No. 84604
Sheriff Randall:
On March 8, 2007 at approximately 3:50 pm I was traveling east on Route 52. I stop for a stop sign at Route 52 & Route 47. I was later stopped by Kendall County Sheriff #51 approximately 4.5 miles east of Route 47. This “white” Sheriff’s deputy insisted I was speeding (citation attached). This Sheriff’s deputy told me he “spotted” me at the stop sign at Route 52 & Route 47.
Sir, what does this statement mean? I had not violated any traffic laws stopping at this stop sign. I had not violated any criminal codes for this Sheriff’s deputy to “spot” or “target” me. When talking to me about speeding, the Sheriff’s deputy told me Route 52 does not have to post any speed zone signs stating the speed limit. Sir, why did this officer make this statement?
Sir, this is a blatant act of racial profiling and a discriminatory act. This officer decided to follow me from the stop sign at Route 52 & Route 47 because I was “black”. It is evident by the language he used. How many other “blacks” are targeted or discriminated against for traffic violations in Kendall County? There could not possibly be any justice in your court system, because the police department sets the tone or climate of city or local government in the United States. This Sheriff’s deputy definitely cross the line.
I own and was driving a 2006 Nissan Sentra. I did not take off from the stop sign to give this officer probable cause to follow me. While I was driving east on Route 52, after leaving the stop sign at Route 52 and Route 47, there were other cars behind me with “white” drivers. These cars passed me before this officer stopped me.
The Kendall County mission statement reports, “To act in a manner that leads the citizens of Kendall County to have the feeling of safety and security in their homes, neighborhoods, and businesses, and confidence in the Sheriff’s office.” I guess “blacks” are eliminated from this process. This officer clearly targeted me to create the offense, which I am accused. This officer stopped me 4.5 miles from where he claims to have “spotted” or “targeted” me. He “spotted” or “targeted” me as being “black”, and therefore proceeded to find cause to stop me. There is no speed zone signs posted between Route 52 and Ridge Road, specifically where I was stopped. Ridge Road is the next stop sign, which is 8 miles east of Route 47.
I have decided to pay the fine because I would not get any justice in Kendall County’s court of law. Everyone who is “black” appears to be guilty in Kendall County. If I fought this case in your courts I would not only lose the battle, I would have to pay a heftier fine than the $120.00 you want me to pay now. Also, it would cost even more when I pursued it in the Appellate Court. The $120.00 is supposed to cover $75.00 for speeding citation and a mandatory class, which cost $45.00. We all know traffic violation fees assist in local government revenue. Kendall County is collecting traffic violation fees off the backs of innocent “black” citizens. I was “targeted” by this Sheriff’s deputy.
The pamphlet given to me by the Sheriff’s deputy outlines 3 choices a person has for addressing a traffic citation. All through this document it reports “…for speeding…over the limit….or…for speeding…over the posted speed limit….” Sir, why did the Sheriff’s deputy inform me there does not have to be a “posted” speed limit when issuing the citation to me? I never asked Sheriff’s deputy or informed him there was no posted speed limit signs. This Sheriff’s deputy informed me of this to let me know I had no chance of “beating” this traffic violation in a Kendall County Court of law.
Illinois Vehicle Code 625 ILCS 5/Ch. 11 Art. III. Traffic Signs, Signals, and Markings does not suggest traffic speed control signs should not be posted on highways or roads to control traffic speed. Illinois Vehicle Code 625 ILCS 5/Ch. 11, Article VI. Speed Restrictions suggests the posting of signs to alert drivers to speed zones. According to Kendall County’s Highway Department, a policy for the establishment and posting of speed limits on County and Township highways in Kendall County, Illinois was approved by the Kendall County Board on April 16, 2002. The ordinance is based on standards recognized by the Federal Highway Administration and Illinois Department of Transportation, as detailed in the Manual on Uniform Traffic Control Devices. Is your office following this ordinance? Did your Sheriff’s Deputy profile and discriminate against me? Why was I singled out among other drivers? The Sheriff’s deputy informed me I increased my speed when I passed another car. Was I supposed to decrease my speed when passing another car? The Sheriff’s deputy citation suggests I was speeding at Route 52 & Route 47. The Sheriff’s deputy stopped my car 4.5 miles from Route 52 & Route 47. The citation is written wrong. This citation should be thrown out.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc:
Rod R. Blagojevich, Governor of Illinois
Eric Weis, Kendall County State’s Attorney
http://clickforjusticeandequality.blogspot.com/
http://click.townhall.com/