ERIE, Mich. (WXYZ) — Erie Orchards and Cider Mill owner Steve Elzinga is under fire for racist remarks he made towards a Muslim family.
7 Action News reporter Faraz Javed continued to follow this story and uncovered another issue. Why did police not file Joe Mahmoud's complaint?
After leaving the cider mill, Mahmoud left a voicemail with the Monroe County Sheriff's Office. The next day, he received a call from the sheriff's office but after the 12-minute call, Mahmoud says his complaint was not documented because the sergeant believed no crime was committed.
"Discretion doesn't lie within a law enforcement agency to decide whether or not they are going to take a complaint. I've never seen that before," said Amy Doukoure, an attorney with CAIR Michigan.
While Doukoure doesn't represent the family, she says several factors were in play that warrants a criminal investigation.
"They had their vehicle and belongings forcibly searched by somebody that has no authority to conduct that search. They were prohibited from leaving the area by force and under threat. And all of that coupled together with clearly at play here anti-Muslim bigotry," Doukoure said.
Since the sergeant involved was not on duty, we couldn't verify why the complaint was never filed. But Lt. Zdybek with the Monroe County Sheriff's Office heard the concerns and assured 7 Action News that every complaint is important.
Zdybek promised to meet Mahmoud Thursday to file a police report.
"I feel good now that we can actually press charges against the guy. And there are a lot of people coming out now with their own experiences at the orchard," Mahmoud said.
The incident in question took place Sunday.
During the incident captured on video, orchard owner Elzinga can be seen saying, "Every Muslim that comes in here steals from me."
Mahmoud responded saying, "That's racist. You are racist."
Elzinga then told Mahmoud, "Of course, I am."
Elzinga's racist remarks were captured by Mahmoud, who was visiting the cider mill with his wife and three daughters.
The incident occurred when the family was getting ready to leave with their purchase of $60 worth of preselected peaches and with an additional bag that they were given permission to pick for free.
According to Mahmoud, that was not the case and instead Elzinga stopped the family from leaving and searched their truck.
"I get in the truck and he just like ramming my bed with his shoulder. I open the window and say, 'Please leave us alone. My girls are crying back here,'" Mahmoud said of the incident.
7 Action News also spoke with Elzinga Tuesday to hear his side of the story. You watch that video above.
Related: Erie Orchards and Cider Mill owner under fire for racist comments caught on video
