No Third Re-trial for Ray Tensing. Feds To Decide Whether Civil Rights Investigation Is Warranted

The New York Times Reports:

After two mistrials, Prosecutor, Joseph T. Deters, said his decision to drop the charges against Ray Tensing is because he spoke to the jurors. Those jurors told him that a unanimous conviction was not possible.  Federal prosecutors will now review the evidence to consider whether a civil rights investigation is warranted.

For other posts on this case, please see;

Tensing’s first trial;

Tensing’s Re-trial

 

Jury Hangs In The Retrial of Ray Tensing

Ray Tensing, the former University of Cincinnati police officer who fatally shot 43-year-old Sam DuBose in July 15, 2015, first went to trial for voluntary manslaughter and murder in 2016. That jury hung.  We followed that trial and you can read it here and here.

Tensing’s retrial began June 8, 2017.   The jury deliberated for more than 25 hours.  Today, the judge declared a mistrial.

Joe Deters, Hamilton County Prosecutor, said he will not comment until next week.

Jurors had questions during deliberations.  I am looking for those questions and if I locate them, I’ll post them in the comment section.

 

The DuBose family said in a statement through an attorney, “We are outraged that a second jury has now failed to convict Ray Tensing for the murder of our beloved Sam DuBose.” The family is demanding another retrial, the statement said.

Ray Tensing’s Retrial Begins For The Killing of Samuel Dubose

Samuel Dubose

Ray Tensing is a former University of Cincinnati officer who shot and killed Samuel Dubose during a traffic stop in 2015.  A mistrial was declared on November 12, 2016.  The straw poll by jurors was unanimous for murder.  After 25 hours of deliberation however, four jurors were ready to convict Tensing of murder, four were ready to convict him of voluntary manslaughter and four were ready to find him not guilty.  The jury consisted of 2 Black women, 4 White women and 6 White men.

The trial was covered on this blog.

Ray Tensing

Hamilton County Prosecutor Joe Deters said that how jurors went from unanimously agreeing on a murder conviction in their straw poll to being unable to reach a verdict on any charge is unclear.  He talked to the jurors and said that he learned a lot.

On November 28, 2016, Deter announced that he was retrying Tensing on the charges of murder and involuntary manslaughter.

The jury for Tensing’s retrial has now been seated.  It consists of 7 White women, 2 White men, 1 Black man and 2 Black women.

Opening statements are anticipated for this morning.  The trial is being live streamed at this link.    I’ll update in the comment section below.

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

Hat Tip to Pat/Ohio

CNN Reports

(Published using Press This)

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.”

Ray Tensing Trial Verdict – Hung Jury, Mistrial Declared

If you’re unfamiliar with the case, please see  coverage of the trial at this link.

The jury of 10 Whites and 2 Blacks deadlocked.  The decision came on the fourth day of deliberations.

Ohio Hamilton County Common Pleas Judge Megan Shanahan accepted the jury’s deadlock Saturday morning. The case is now back in the hands of prosecutors who must decide whether they will retry the case or dismiss it.  Ray Tensing remains free on a $1 million bond.

Cincinnati.com reports that after the judge lifted the gag order, Hamilton County Prosecutor Joe Deters revealed the jury voted eight to four in favor of a voluntary manslaughter conviction.  Three jurors were willing to find Tensing guilty of murder.

The deadlocked jury is not rare in cases involving police officer shootings of unarmed citizens.    The jury deadlocked in the trial of Charlotte, North Carolina police officer Randall Kerrick for killing unarmed Jonathan Ferrell.   The jury  deadlocked in the trial of Baltimore police officer William Porter, in the death of Freddie Gray.  In New Mexico, two officers stood trial for the killing of James Boyd, a White homeless man.  The jury deadlocked.  Richmond police officer David L. Cobb was put on trial for killing of 18-year-old Paterson Brown Jr.  The jury deadlocked.

In the Ray Tensing trial, the defense said Dubose used his car as a weapon, and Tensing pulled his gun when he feared for his life as he was dragged.  Prosecutors maintained that Tensing was not dragged.  They presented bodycam footage and frame-by-frame photos showing that Tensing shot Dubose in the head before Dubose’s car moved.

Former Officer Ray Tensing on Trial For Killing Sam DuBose

Sam DuBose

On July 19 2015, Sam DuBose was shot and killed by now former University of Cincinnati Police Officer Ray Tensing.  Hamilton County prosecutors say that DuBose’s death was unwarranted and it was murder.  Sam did not have a weapon or appear to be reaching for a weapon.

Tensing’s defense is that DuBose dragged him with the car.

Prosecutors say that Tensing’s bodycam shows that he was not dragged.  A grand jury indicted Tensing on charges of murder and voluntary manslaughter. Tensing was terminated from the police department.

The murder charge carries the possibility of life in prison. The voluntary manslaughter charge carries the possibility of 3 to 11 years in prison.

Tensing’s Background

Officer Indicted For Murder In Cincinnati

Yesterday, the City of Cincinnati was preparing for disgruntled citizens to take to the street in response to the release of a police officer’s body cam video and a grand jury’s decision. The University of Cincinnati even closed its main campus in anticipation. But today, there will be no protests for an arrest in the killing of Samuel DuBose.

Samuel DuBose

On July 19, 2015, University of Cincinnati police Officer Ray Tensing pulled 43 year-old Samuel DuBose over for a traffic stop. Samuel was driving a green 1998 Honda Accord without a front license plate. Tensing shot DuBose in the head.

Officer Ray Tensing’s body camera captured the moment when he killed Samuel DuBose  With the release of the body cam video, also came an indictment for murder in what a prosecutor called a shooting that was “unwarranted” and “senseless.”