YOUNGSTOWN, Ohio (WKBN) — The attorney for a city man facing a federal firearms charge says the evidence in the case should be tossed because police had no reason to pull his client over.
In a brief motion filed Friday in the U.S. Northern District Court of Ohio, defense attorney Alex El-Kamhawy told U.S. Judge Donald C. Nugent that Jumal McQueen, 26, committed no traffic violation Jan. 29 when pulled over by city police and therefore, all evidence seized in the case should be thrown out.
McQueen was indicted March 26 by a federal grand jury on one count of being a felon in possession of a firearm. The indictment stems from a Jan. 29 arrest by Youngstown police where they found a 9mm handgun following a traffic stop for running a stop sign on East Avondale Avenue.
According to reports, McQueen pulled into a drive with a police car behind him before he suddenly drove through a vacant lot and drove away.
He wrecked the car on Marmion Avenue and ran away, reports said. He was chased through several back yards before he was caught in the 200 block of East Philadelphia Avenue.
Inside the car, police found a loaded 9mm semiautomatic handgun, two bags of cocaine and $3,428 cash, reports said.
The indictment in the case said McQueen is banned from having or being around a firearm because of a 2012 conviction in Mahoning County Common Pleas Court for possession of cocaine.
El-Kamhawy argued in his motion that police had no right to pull McQueen over, and because of that, the gun seized as evidence should not be entered into evidence.
Prosecutors have yet to respond.