Ray Tensing To Be Retried For Murder, Voluntary Manslaughter – CNN.com

Hat Tip to Pat/Ohio

CNN Reports

(Published using Press This)

samuel-dubose-large-169

Samuel Dubose. Ray Tensing is being retried for murder.

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.

Source: Ray Tensing to be retried for murder, voluntary manslaughter – CNN.com

Posted on 11/28/2016, in Cases, Cops Gone Wild, Trial Videos and tagged , , , , , . Bookmark the permalink. 19 Comments.

  1. Good! It’s the right thing to do, Mr. Dubose and his family deserve justice. I hate to see Tensing walk on this

    Liked by 5 people

  2. yahtzeebutterfly

    Xena, I remember that you thought there would be a retrial after the way the jury decided after the first trial.

    I agree with Mindy that a retrial is the right decision by the prosecutor.

    Liked by 4 people

    • Yahtzee,
      Yes, because there were not not guilty votes on all charges.

      There are mistrials when one person holds out with a guilty or not-guilty verdict, but that’s not the case here with Tensing. All 12 jurors believed Tensing is guilty. They couldn’t agree if he was guilty or manslaughter or murder. That’s not a good sign for Tensing’s defense. It tells them that the evidence is against them.

      Liked by 3 people

  3. this is where i dont understand our legal system…when you have video showing for a FACT the officer was NOT being dragged anywhere, at no time was he in danger yet he LIES on the stand…..to me a judge is supposed to tell the jury, the defendant is LYING to you.

    Liked by 6 people

    • Bill,
      I know. The judicial system gives so much discretion and power to the person in the black robe, yet robs them of the same when there is a jury trial. Apparently, jurors believed that Tensing did lie. Not one of the 12 voted not-guilty of all charges. They all believed Tensing is guilty but they could not come upon agreement if it was murder or manslaughter.

      Liked by 2 people

    • Ya know Bill, I’ve thought a lot about this and I wonder if one can disprove another person’s ‘perception’ of what is / was happening. We all see the same video and know he’s not telling the truth of what really happened. But can juries be convinced that to him, that wasn’t ‘his’ reality? It stinks. It really stinks. And it’s an easy to use excuse for having killed someone. ‘I was in fear for my life’

      Liked by 2 people

    • Totally agree with you Bill. How is it someone can watch a video and dispute what clearly depicts an incident? Flawed logic is driving Blue Lives Matter initiatives and the equation of a blue uniform with a skin color; only one of which you can take off. The police uniform is accorded unique authority, impunity and power. Black skin is marked by the opposite. Evidence is irrelevant. The only reason I can fathom is their only truth is truth which comes from their “authority” figure.

      Like

  4. There will be another judge presiding at the retrial.

    Liked by 2 people

  5. Hopefully… justice will be served the 2nd time around. I certainly understand what mindyme just said. Everyone sees things so totally different and in courts that is too often exploited. Attorneys use just that bit…… of information to get in the jurors head and create a fragment of reasonable doubt. The things that seem like common sense to a lot of us leads credence to the fact that common sense ain’t that common!!!

    Liked by 1 person

    • Roach,
      You’re so right — “common sense ain’t that common!!!” I think the prosecution did a good job when cross examining Tensing. They showed the frame by frame stills of the video where the car does not move before he shoots DuBose in the head. It’s simply not “reasonable” that Tensing would imagine he was being dragged by car DRIVEN by a dead man.

      I’m still following the Slager trial, and if I was on that jury, I would be bored hearing about tasers. When Slager took the shooting stance, aimed and shot at Walter Scott, Scott had already ran about 17 feet from him. He was no threat.

      Liked by 3 people

  1. Pingback: Ray Tensing To Be Retried For Murder, Voluntary Manslaughter – CNN.com | thehistoricalview

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