Ray Tensing To Be Retried For Murder, Voluntary Manslaughter – CNN.com
Hat Tip to Pat/Ohio
(Published using Press This)
Ray Tensing, a former University of Cincinnati officer who shot and killed a black man during a traffic stop in 2015, will be retried on murder and voluntary manslaughter charges, prosecutors in Ohio announced Tuesday.
A mistrial was declared November 12, after jurors spent more than 25 hours deliberating but could not come to a decision.
Tensing, who is white, shot Sam DuBose in the head in July 2015 after pulling him over for a missing front license plate and asking for his license, an incident that was largely captured on body camera video.”
After careful consideration, I have decided that the Tensing case will be retried,” Hamilton County Prosecutor Joe Deters said in a statement Tuesday.
“This decision was made after review of the trial transcript, discussion with some of the jurors, and consultation with my staff,” Deters said.”I am hopeful that a second jury will be able to reach a decision to bring justice in this case for the victim’s family and our community.”
Tensing’s attorney, Stewart Mathews, told CNN he was not surprised by Deters’ decision, but he expects a similar outcome as the first trial.”The jury we just tried was split on what they felt the evidence proved and didn’t prove — I think that’s going to happen over and over again.”
During the first trial, Tensing testified that he was being dragged by the left arm when he reached up and shot DuBose. Prosecutors argued that Tensing wasn’t being pulled by the car and didn’t need to fire the single shot at DuBose’s head.
When asked Tuesday about the diversity of the new jury, Deters said, “I really don’t want race to be an issue in this case, I really don’t, but it’s hanging out there. It’s kind of like the elephant in the room.”
The original trial had 10 white jurors and two black jurors. Deters added that the state will request a change of venue for the new trial. A hearing has been scheduled for November 28.
The DuBose family’s attorney said “the family would like to see a jury make a conviction.” The family is open to moving the trial’s venue. “We have to give the jury freedom,” attorney Al Gerhardstein said.
CNN’s Kristina Sgueglia contributed to this report.