PHOENIX (AP) — Lawyers for Maricopa County Sheriff Joe Arpaio mounted a defense Wednesday against allegations that he and his deputies racially profile Latinos, drawing testimony from an officer who denied slamming a pregnant Hispanic woman stomach-first into her car during a traffic stop.
Deputy Francisco Gamboa testified at a trial aimed at settling the discriminatory policing allegations that he never laid a hand on Lorena Escamilla and never slammed her into her car during the September 2009 stop in her driveway.
Escamilla says the deputy discriminated against her with an unjustified stop, but Gamboa, who is Hispanic, said race played no part in his decision to pull her over.
Gamboa said he made the stop because the light near Escamilla's license plate wasn't working and he wanted to see what she was doing in an area known for drug trafficking. "It's probable cause to speak with the driver," Gamboa said.
Escamilla's baby was born healthy in 2010.
Arpaio has repeatedly denied charges that his department discriminates against Latinos and says his deputies only make stops when they think a crime has been committed.
But the group of Latinos who filed the civil lawsuit says that Maricopa County sheriff's deputies pull over some vehicles only to make immigration status checks.
The plaintiffs aren't seeking money. They instead want a declaration stating that Arpaio's office engages in discriminatory practices and an order requiring the department to make policy changes.
The lawsuit marks the first case in which the sheriff's office has been accused of systematic racial profiling and will serve as a bellwether for a similar yet broader civil rights lawsuit filed against Arpaio and his agency by the U.S. Justice Department.
If Arpaio loses the case, he won't face jail time or fines. If he wins, it will undercut the upcoming federal case, which makes similar allegations.
Testimony is expected to wrap up Thursday. It's not known when U.S. District Judge Murray Snow will issue his decision.
In testimony last week, Escamilla said she was mistreated when she was pulled over while driving home from night classes. She had described Gamboa's demeanor as hostile when she refused to agree to a search of her car and said she didn't break any traffic laws that would have caused her to get pulled over.
Eventually, a drug-sniffing dog was brought in to search her car, but no drugs were found. She was cited for lacking proof of insurance and released, though she disputed the ticket. Escamilla said she was not aware if her license plate light had been out and was not ticketed for such a violation.
Gamboa characterized Escamilla's behavior as erratic, saying she initially failed to pull over once he turned on his sirens, wouldn't listen to his commands and kept asking why she was pulled over, even though he had already told her.
Gamboa couldn't recall why he called a drug dog to the scene and pointed out that he called emergency workers from the Phoenix Fire Department to tend to Escamilla because her breathing became heavier during the stop.
phxvato1202 posted at 6:11 pm on Wed, Aug 1, 2012.
deny, deny, deny, so what if it was a hispanic deputy who is accused? everyone knows that this same deputy would not have stopped a white person driving with a broken tail light or any broken light during the day because he would not be looking for it and it would have been in the news loud and clear. Arpaio is about as innocent of profiling as the Pope is a Baptists.
It's amazing how much the hate towards minorities in Arizona because it is evident but yet you have those who will stake their lives that this does not happen but yet case after case comes up. While I know the majority of the law enforcement in Arizona and Maricopa county are decent hard working respectable officers that there are also some rogue officers who rule with their emotions and the personal hate they have and they justify their hate by using their authority to abuse those that they don't like.
Profiling happens here in AZ all the time and it's useless to try to convince many otherwise especially those that believe the way pearce and many of the state legislaturers do. Arizona is known as a racists state and that is by many not in the state of az.
Juggernaut8000 posted at 8:38 pm on Wed, Aug 1, 2012.
It has nothing to do with racism, these people are just bitching because they want their illegal brethren to be allowed to spew across our porous border and maybe get a monetary handout in the process.
downtownresident posted at 8:44 pm on Wed, Aug 1, 2012.
In Nazi Germany she would have been shot.
Joe's boys are a kinder class of goon.
Masterrogue666 posted at 7:08 am on Thu, Aug 2, 2012.
"Escamilla says the deputy discriminated against her with an unjustified stop, but Gamboa, who is Hispanic, said race played no part in his decision to pull her over." --
Tell me how it can be "racist" is the Officer is the same race? What does that make Officer Gamboa, a traitor to his "race"? In fact, this helps prove that people will use the "race card" even when it can't apply.
phxvato1202 was right about one thing, the "deny, deny, deny" part, but what he got wrong was that it only applies to persons that think it's race related. They deny the fact that it could be a stop for a VALID reason...
Engaged Voter posted at 1:36 pm on Thu, Aug 2, 2012.
I was pulled over this morning for a burnt out tail light.
I am not Hispanic.
I was asked for ID and other paperwork. I supplied the paperwork, was given a repair work order, and went on my way.
Simple stuff, really. And yet, certain people (who are treated no differently than I was) spew the race card and scream discrimination.
It reminds me of an old children's story, The Boy Who Cried Wolf.
Does anyone remember the moral of the story? ;)
Juggernaut8000 posted at 2:42 pm on Thu, Aug 2, 2012.
The only moral of this story is that people of color will always complain when they are stopped by police and whine and complain they are being discriminated on. This stupid pregnant woman needs to be charged with perjury and have that baby aborted because all its mother will teach it is to not trust cops and be racist against white people.
Juggernaut8000 posted at 5:28 pm on Thu, Aug 2, 2012.
And on another note, is it really necessary to add that the hispanic woman is pregnant? Is there such thing as a hispanic woman who isn't pregnant?
fae4now posted at 9:59 am on Fri, Aug 3, 2012.
Juggernaut,
Don't look now but your bigotry and complete lack of intellect is showing. Clearly views like yours are part of the problem, not the solution.
What do you say you just head back to the trailer, crack another 40 and call it a day, huh?
fae4now posted at 10:20 am on Fri, Aug 3, 2012.
Engaged,
Thanks for sharing your story. Be aware that the story doesn't end the same for everyone. While they have you stopped the police often attempt to find something else to arrest you on. I can cite at least 4 examples of this happening in my circle, three of which resulted in arrests. None of the four were people of color.
What people need to understand is the privatization of prisons makes them a 'for profit' operation. To maximize profits they must keep the prisons full. You may explore the CCA (Corrections Corp of America) website for yourself. Note the use of terms like 'guaranteed occupancy'.
CCA boasts that they are the nations largest private provider of prison services. Arizona is home to several of their facilities, some owned by CCA, others just managed by them. Communities are being asked to sign guarantees to keep them filled at the 90% or above level. So there is indeed motive for law enforcement to make flimsy stops and attempt to escalate them to arrests. One defense attorney told me a favorite was stops for making 'wide right turns'.
Do they profile? Sure, but I contend that it not only Mexicans who are being profiled. Talk to some young people. They talk about being stopped routinely.
The result is
1)we have lots of people in prison to meet the CCA quotas who likely don't belong there.
2) our state lawmakers continue to tighten the rules to allow for more arrests and imprisonment
3) the taxpayers are charged for every night a bed is filled in CCA facilities.
All hail the free market. Humph!
Spamola5 posted at 10:19 am on Sun, Aug 5, 2012.
[I am not a racist,I have been stopped by police, i am disabled US citizen, my rights were violated. If you are going to live in US, know that when you are driving a car,you need a DL, insurance. If you have a tail light out, the police can you over, if you look up police Dept records to see how many arrest were made , what color there skin is, you will see what race are convicted people that live , you are in the US you should be so grateful. There are a lot of Bad Cops and good cops. they put there life on the line every time they pull someone over.We have laws in AZ , they are here to in force the laws,.I believe in civil rights for all'not just one color,' also Sheriff Joe does treat everyone like a Dog, not just one color,' They need to hold the bad cops , Sheriff and politicizations Accountable for there action' put them in JAil