Blackface photo of Constable Ted Heap surfaces during claims of another constable being racially profiled

A Waller County constable placed in handcuffs and questioned because he is Black. That is the claim from Precinct 3 Constable Herschel Smith, after he had a run-in with Harris County Precinct 5 deputies on Tuesday evening.

RELATED: Waller County constable claims he was racially profiled during traffic stop

Constable Smith flashed his lights at a driver. That driver called 911 claiming Smith pulled him over but also pointed a gun at him.

When Precinct 5 deputies arrived, Smith claims he was racially profiled, and despite being dressed in uniform, in a law enforcement vehicle, and with a badge, he was handcuffed and questioned.

Smith says he never pulled a gun and wants the 911 caller and Precinct 5 Constable’s Office to be held accountable. 

Smith also claims that he wants to expose what he claims is a racist culture within Ted Heap’s office. 

One of Smith’s friend’s shared a photo of Heap dressed in Blackface. 

Smith tells FOX 26, “When the culture don’t change, we’re going to continue to have racism the way like we do today.“

The photo was shown to Constable Ted Heap during a press conference. He admitted that it was him in the photo. Taken during a Halloween party in the 80’s where he was dressed as a character from the “Mod Squad”. 

He said it was inappropriate but doesn’t reflect a racist culture in his office. 

“I’m very proud to say that since I’ve taken office that about 72% of all of our new hires have been minorities. Is that intentional? Absolutely not. I think it’s a wonderful thing, because to me what it shows is that a lot more minorities are getting into law enforcement. We only accept about one out of every 12 to 15 applicants here, we have some pretty high standards,” said Heap.


Smith says he will be conducting an investigation into his run-in with precinct 5, and Heap says that the Texas Rangers are in charge of their investigation. 

We will keep you updated as this story continues to develop.