National attention is centering on the practice of Texas law enforcement officials arresting individuals for minor, fine-only offenses after a 22-year-old man was arrested last summer on a traffic violation, as reported previously by Lone Star Standard on Feb. 15.
According to a racial refiling report, 9.7 million traffic stops in 2019 resulted in a 3.2% arrest rate. The Texas Commission on Law Enforcement found that 21% of these traffic stop-related arrests were for Class C misdemeanors, which by Texas statues should result in no more than a $500 fine or jail time.
"Black drivers made up nearly half of all drivers arrested on a single non-jailable transportation offense, as well as 41.1% of all people jailed for other non-jailable offenses," according to a Texas Criminal Justice Coalition study. "While approximately 70% of Harris County’s population is white, white drivers made up only 22.9% and 24% of the arrests for traffic and other non-jailable offenses, respectively."
There were 2,567 arrested for Class C misdemeanors, or 11%, the coalition study reported.
"Most misdemeanors are nonviolent offenses – and we know that," Texas Appleseed’s Mary Mergler told KUT. "Even a short stay in jail can have a really lasting impact on someone's life. We need to be using jail in a very different way than we're using right now. This data shows that."
In the August 2020 incident in Keller, Dillion Puente, 22, was arrested for making an improper wide turn. His father, Marco Puente, who was in a separate car, was arrested for standing across the street and recording his son's arrest, which showed the use of excessive force by then-Keller Police Sgt. Blake Shimanek. This resulted in an internal affairs investigation, as reported by Lone Star Standard on Feb. 16.
"While this chapter is coming to a close, the conversations and policy changes that it has inspired will continue to move us forward as a department, a city and a community," Keller Mayor Armin Mizani said in a Feb. 1 Twitter post. "This [city] council and our police department led by Chief [Brad] Fortune remain committed to ensuring encounters like these never happen again, and we will continue working tirelessly to provide every member of our community with a sense of safety and security that reflects Keller’s values."
Dillion Puente and his father settled with the state for $200,000 lawsuit against the city of Keller. The story was picked up by The New York Times and other media outlets nationally.
A University of Houston Hobby School of Public Affairs report, Texas Policy & Politics 2021: Legislative Issues, found that 74% of Texans support ending arrests for fine-only offenses.
Of the approximately 64,100 traffics stops in Texas that resulted in the unnecessary arrest of a driver in 2019, reports show that even a short time in jail can have a significant impact on a person's mental health, and is a waste of resources for law enforcement.
For each arrest, it takes police officers hours to book a person, critics note. Aside from the hours and resources, it takes to book a new inmate, jail bed spaces are also being taken up by those incarcerated for minor offenses and end up costing taxpayer money to house and hold.
In addition to taxing the jail system, KUT reports, these arrests and incarcerations also take police officers away from more important public safety issues and priorities, which further worsens the tension between police and the public.
