Re: Illegal stop and possible Officer Impersonation in Orange County

[Bonnie Hammersley]

Dear Mr. Smith,

Thank you for the email.  I have copied the Orange County Sheriff for a response to your concerns.  If you have additional questions, please do not hesitate to contact me.  Thank you.

Bonnie B. Hammersley

Orange County Manager

Whitted Building

300 W Tryon Street

P.O. Box 8181

Hillsborough, NC 27278

(O) 919-245-2306

(M) 608-216-4584

On Dec 26, 2021, at 7:50 PM, Theodore Smith <coachs...@gmail.com> wrote:



 

Theodore Smith

December 25, 2021

Dear Orange County Sheriff’s Office and Orange County Board of Commissioners,

My name is Theodore Smith and on November 6, 2021 I was involved in a car accident right outside of the entrance of American Legion: Chapel Hill Post No.6 which is located on 3700 NC-54 in Chapel Hill, North Carolina. The vehicle I was driving was  hit while I was making a turn and my car was sent spinning off the road into the ditch by the entrance of American Legion 6. State Troopers responded to the accident, took my information and that of the individual that hit my vehicle. After speaking with us they gave me a police report, taped off my vehicle which was totaled and left. Since I was unable to drive my vehicle I called a friend to come pick me up which she did. When she arrived I got into the passenger side of the vehicle and began to make calls to my insurance company so that they could possibly help get a tow truck out to my vehicle. While on the phone a couple of individuals who were driving out to exit American Legion 6 would pull up beside the driver side of the vehicle we were in and asked us if we were ok. Naturally they saw a badly damaged vehicle in the ditch and us in another vehicle off to the side and were concerned. My friend informed them that we were ok and that the cops had already come out and they said ok and went on their way. 

Not much longer we saw another vehicle coming towards the exit and this time the vehicle pulled up behind us and parked. An individual exited the vehicle and walked up towards the driver side. He then asked my friend what’s going on? She informed him that I had been in an accident but that the cops had come out and everything is fine and we are just trying to get a tow truck to come out. Even after my friend said this he asked what happen and she again said someone hit him but everything is fine the cops had already come out. He then said did you get a police report? Let me see the police report. While on the phone on hold waiting to try to arrange a tow for my vehicle I overheard this exchange and was shocked and surprised that this guy was asking these questions after my friend had informed him multiple times already that officers had already responded to the scene and that we were fine. So I tell the guy we are fine she has told you that numerous times. He then goes show me the police report at which time I said no and who are you anyways to ask me that? The individual then gave me a look as if he is about to do something to me and reaches his hand back in a threatening motion as if he reaching for a gun then halfway adjusts his stance and pulls out a wallet and shows us a badge. My friend who is very afraid at this time then gives him the police report and he proceeds to say that’s all you had to do in the first place. At this point I’m very upset and felt threatened but I ask him his name and he goes Officer Mitchell and turns and walks away. This individual never identified himself as an officer of the law until I asked him who he was, he was not dressed in uniform but plain clothes and he was not driving a police car but instead a Jeep Wrangler. Once he had gotten into his vehicle and proceeded to drive towards the exit I was able to get his tag number which is North Carolina tag CBA-4793. 

After making numerous calls to police and Sheriff departments located in Chapel Hill and Carboro, in an attempt to find out if an Officer Mitchell worked in that department I was finally directed to file a report with the Orange County Sheriff’s Office. I contacted your office and made a report. Later, I was contacted by Officer Herbst who asked me questions about what happened. He gave me a report number 21-08584 and said he would look into the tag number I gave him. He called back not much longer that same day and informed me that he did have an individual associated with those tags by the name Mitchell and that he would further look into this matter and get back to me. That conversation with Officer Herbst took place on November 23, 2021 and I have not heard back since. Whether this individual who identified himself as Officer Mitchell is a real officer or not the way this situation was handled was completely wrong. There have been numerous situations around the country where African-American men have been stopped by law enforcement officers and have ended up injured, shot and/or killed. As an African American male I clearly realize that the situation that happened to me involving this so called Officer Mitchell could have led to my friend and myself seriously getting hurt or worse. No one especially after being involved in a serious car accident should be subjected to this type of conduct and feel threatened. This individual needs to be found and brought to justice before he does this again and the Orange County Sheriff’s department and Orange County gains unwanted attention when someone does get hurt. Please contact me at (919) 923-6110.

Sincerely,

Theodore Smith

[Sheriff Charles Blackwood]

I wanted to be sure I had all the facts before bringing you a concise update. Thank you for allowing me the day to gather those facts. 

The day this call came in I was at home reviewing the call notes of the shift in our “SmartForce” database. This call drew my attention because I knew Nathan Mitchell was a North Carolina State Trooper, I knew he owned a Jeep, and finally, I knew he was an active member of the American Legion who is frequently at the Facility. 

I was concerned about his name, address, vehicle information, etc. being listed in our agency database as a “Suspect” in a criminal investigation, if in fact he wasn’t engaged in criminal activity. 

I called Chief Deputy Jamison Sykes and brought the call to his attention and asked him to look into the issue and determine if this was in fact Trooper Mitchell, and his actions didn’t appear to be criminal in nature. If so, I asked that the report reflect this. 

Chief Sykes spoke to Deputy Herbst's supervisor and asked that the matter be resolved and that Mr. Smith be updated as to the findings. 

Deputy Herbst confirmed that it was in fact Trooper Mitchell who had spoken to Mr. Smith. He entered an update to the initial report on our briefing notes database “SmartForce”. He did not however write a supplement to the initial investigative report and he neglected to call Mr. Smith and make him aware of his findings.  

Deputy Herbst’s Supervisor saw the updated SmartForce entry and “assumed” he’d written the supplement to the initial report and made contact with Mr. Smith. 

As a result of Mr. Smith’s email being sent to me and my inquiry of the matter; Mr. Smith has been contacted by Deputy Herbst and a full explanation was provided. Mr. Smith was upset that he’d not been notified until now, rightfully so. Deputy Herbst gave him his supervisors contact information and encouraged him to call and file a formal complaint against him. Smith stated that he didn’t wish to file a complaint against Herbst but he did wish to file a complaint against Trooper Mitchell. He was given the name and number of his supervisor and we forwarded the information to his supervisor as well. 

I have instructed Chief Sykes to place a written reprimand in Deputy Herbst’s personnel file for failure to appropriately handle the call. I have also instructed Chief Sykes to have a verbal counseling session with Herbst’s supervisor for not following up on the matter appropriately. 

This is a teachable moment for a deputy with a very promising career ahead of him. I feel this type accountability will serve to bring about improvement in his actions with respect to communication and following through with his assigned tasks. 

Respectfully,

Sheriff Blackwood

Sent from my iPhone

On Dec 27, 2021, at 8:18 AM, Bonnie Hammersley <bhamm...@orangecountync.gov> wrote:

 Dear Mr. Smith,