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. Read the rest of this entry
In December 2016, we followed the trials of Michael Slager and Dylann Roof. There was also another trial.
In August 2012, Officer Patrick Tuter of Garland, Texas led a vehicle chase of unarmed 25 year old Michael Allen. Tuter fired at Michael 41 times, reloading several times and hitting Michael 3 times. The Dallas County Medical Examiner’s Officer performed the autopsy and determined that Michael suffered gunshot wounds to his upper back, side, and left elbow.
Tuter’s official report was that he opened fired after Michael rammed a patrol car. The dashboard video however, showed that it was Tuter’s patrol car that rammed into Michael’s truck. Tuter fired his gun from the back, left-side of Michael’s truck.
Michael Allen’s body was pulled out of the cab of his truck by a K9 who chewed his face.
In March 2013, Tuter was fired for violating department policies on pursuits and use of force. He had been on the force 7 years.
Former North Charleston police officer Michael Slager was charged with murder or voluntary manslaughter in the killing of Walter Scott, an unarmed black man. Walter Scott was shot in the back 5 times.
A by-stander’s video was released shortly after the deadly encounter that shows Slager unholstered his weapon and fire as Walter ran away. Slager’s attorney then withdrew his representation and Slager was terminated from his job and charged with murder.
On Friday, the jury told judge Judge Newman that one juror was holding out for a not-guilty verdict. Subsequently, the jury told Judge Newman that with further instructions on the law, they might be able to come to a unanimous decision.
After sending questions to the court this morning, and receiving answers to those questions, the jury sent a note saying they were deadlocked.
Judge Newman declared a mistrial.
Michael Slager also faces federal charges, including violation of Walter Scott’s civil rights. That trial is scheduled for next year.
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.
A mistrial has been declared in the trial of Randall Kerrick, who was tried for voluntary manslaughter in the killing of unarmed Jonathan Ferrell.
Today was the fourth day of jury deliberations. The jury earlier told the judge that they were deadlocked, but that discussions after lunch had been productive.
At about 4:15 EST, the jury reported that it was still deadlocked at 8-4, and Superior Court Judge Robert Ervin declared a mistrial.
It is not yet known whether prosecutors will seek to try the case again nor how many jurors voted guilty or not guilty.
This is a developing story and we will keep it updated in the comment section.
As a side note, Adobe Flash continues to crash on my computer freezing it, and I’m experiencing where typing a sentence results in letters not where I typed them. I’m going to try to work these problems out so I can get back to doing what I love — writing for the blog.