A criminal case has been dismissed against a black man pulled over with drugs in his car after a Maine cop was accused of racially profiling him at a traffic stop.
That traffic stop is now under review and other attorneys have examined the officer’s past history as it relates to similar cases of targeting black men.
“The act of racial profiling by law enforcement is illegal, and the Maine State Police do not condone it in any way, shape, or form,” Maine State Police Col. John Cote told the Portland Press Herald.
“The traffic stop in question is under internal review by the Maine State Police as we strive to serve and protect our state and citizens with honor, integrity, and fidelity to law in all we do.”
Last month, the U.S. Attorney’s Office dropped the charges against Terrel Walker of Orono, Maine, after evaluating footage of Maine State Trooper John Darcy’s encounter with him at a traffic stop in Portland on Aug. 15, 2019.
Walker, 28, was pulled over for driving in the center lane of York’s three-lane I-95. In Maine drivers must stay in the right-hand lane unless they are passing other vehicles when the speed limits are higher than 65 mph.
As Darcy pulled him over, he can be heard telling the other trooper on the cruiser microphone, “This guy kinda looks like a thug to be honest with you,” according to a transcript in a motion filed in the U.S. District Court in Portland.
He went on to say that Walker looked “like a thug” because “he’s wearing a wifebeater” and “he’s got dreads.”
Darcy then told the other trooper that he is not racially profiling Walker.
“I hate when people try to make it seem like that’s what it is,” Darcy said. “I care about where people are from, and the way they seem … you know what I mean? Do they seem like they can be involved in drug dealing or gangs or something. I don’t give a [expletive] if someone’s Black or white.”
The affidavit said that Darcy then smelled “burnt marijuana” and saw a marijuana cigarette in the car ashtray after approaching Walker’s vehicle.
A K-9 unit was called in, and the resulting search found cocaine and pills in Walker’s car. Walker was charged with possession of cocaine with intent to distribute and holding a counterfeit drug for sale.
He pleaded not guilty to all charges in December, after which the case stalled due to COVID-19.
Walker’s attorney Leonard Sharon filed five motions in July, including a motion to suppress evidence from the traffic stop and a motion to dismiss the case for egregious police misconduct.
“Our Courts should not dignify these prosecutions of black people who fall prey to racial profiling or any citizen who has been unfairly profiled because of their hairstyle and clothing,” Sharon’s filing said. “The price our country pays for this behavior has proven excessive.”
Assistant U.S. Attorney Meghan Connolly filed a motion to dismiss the charges in September, without explaining her reasons for doing so. The judge approved that motion Sept. 22.
“Upon further review and careful consideration of the facts and the law, the government believes that dismissal of the Indictment would be in the best interests of justice,” the prosecutor’s motion said.
Walker’s attorney agreed with the motion, and told the Portland Press Herald, “I think they decided to take the high road and not to advocate that this type of behavior should be tolerated.”
This is not the first time Darcy’s actions have come under scrutiny, and he is also not the only Maine trooper to be accused of racial profiling in the past.
Court records show that in September 2019 Darcy pulled over a Black man named Anthony Jones on the Maine Turnpike for an expired inspection sticker.
Darcy did not ask about the sticker but inquired about where Jones and his passenger had been, and upon learning they had prior drug convictions, called in a K-9 unit, Jones’ attorney Peter Rodway said. Drugs were found in the vehicle, and Jones was charged with possession with intent to distribute heroin and cocaine.
Rodway filed a motion to suppress the evidence from the traffic stop and argued that Jones and his passenger were detained for longer than needed for an expired sticker. He then filed another motion for discovery, requesting a range of records concerning Darcy’s tenure as a state trooper, including data about the race or ethnicity of the drivers he has pulled over.
Rodway wrote in the motion, “There was simply no reasonable suspicion that anything illegal was afoot that could justify the Trooper requiring Mr. Jones to step out of his vehicle.” He continued, “Accordingly, this case seemingly involves an instance of racial profiling.”
The request for records was denied by a federal judge, but Rodway filed another motion asking him to reevaluate. The motion to suppress is still awaiting review.
“Thus, the issue is whether the Trooper orders every person that he stops, regardless of race, out of the car, and whether he detains every person that he stops for a prolonged period of time, while he waits for a drug dog to show up,” Rodway wrote. “Or is it only the young African-American motorists that are subjected to such treatment by this Trooper?”
In a recent motion, Rodway singled out two other cases as proof of a pattern of behavior. The first was Walker’s case, while the second was a case in state court from last year when a judge threw out evidence from another traffic stop initiated by Darcy.
Attorney Joe Mekonis represented that defendant, who is a Black man, as well as another client in a similar case involving Darcy. He also said he is currently handling his own research into Darcy’s history of traffic stops.
“I’m challenging his decision-making on why he stops and who he stops,” Mekonis said.
Christopher Parr, an attorney for the Maine State Police, said Darcy is currently on regular duty status.
“As matter of general practice, the Maine State Police routinely reviews Troopers’ traffic stops in efforts to improve performance,” he wrote in an email to Portland Herald Press.
