YOUNGSTOWN Panel members say city man was victim of racial profiling

Police need to do their job, but in the right way, one commissioner said.
By ROGER G. SMITH
CITY HALL REPORTER
YOUNGSTOWN -- The city human relations commission will continue with a racial discrimination case against the FBI.
The commission declared Tuesday there is probable cause that the Mahoning Valley Violent Crimes Task Force -- overseen by the local FBI office -- discriminated against Jesse McQueen, a black city resident.
Commission members say they believe he was the victim of racial profiling.
A year ago, the task force mistakenly confronted McQueen, 26, while pursuing a fugitive. McQueen says their actions during the traffic stop made him fear he would be shot and killed. The FBI has apologized for the mistake, but not to McQueen's satisfaction.
The decision means there will be an administrative hearing where both sides can air their positions.
What's next
Even if the hearing examiner finds for the commission, the most the panel can do is tell the local FBI and task force to stop racial profiling.
The commission will seek the city law department's help because the case is so unusual, said William M. Carter, the executive director.
Typically the commission investigates discrimination complaints by workers against by private-sector employers. The commission can order companies to pay back wages if hearings determine there was discrimination. Companies can appeal to common pleas court.
Judy Quarles, a commission member, said the facts of the McQueen matter convinced her the case should continue.
"There is no question in my mind he has probable cause," she said.
Police need to be able to do their job, but it must be done the right way, she said. A hearing will give each side the chance to make its points, she said.
"I want both sides to be heard," Quarles said.
Another commission member who couldn't be at the meeting, retired city police Capt. Carmen Bruno, agrees there is probable cause for discrimination in the case, Carter said.
FBI Special Agent John Kane, who heads the bureau's local office, could not be reached to comment.
What happened
On that December morning last year, McQueen was driving on Hubbard Road when the task force boxed in his car. Officers jumped from their vehicles with guns drawn and pointed at him. McQueen and his car fit the description of a fugitive felon the task force was seeking. A confidential informant mistakenly pointed at McQueen as the wanted man.
McQueen says in the chaos he didn't know the men were law enforcement and feared he would be shot and killed.
Kane has pointed out that it was the informant who made a mistake and that officers used the right tactics based on who the suspect was. He also asserted that officers did identify themselves.
Kane apologized on behalf of all the officers, but McQueen wanted a written apology from each one.
McQueen has since hired a lawyer who likely will seek damages in court, Carter said.
rgsmith@vindy.com