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

 

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.

Officer Who Killed Tamir Rice Terminated From Force

Hat tip to Crustyolemothman

FILE – In this Dec. 1, 2014 file photo, Tomiko Shine holds up a picture of Tamir Rice during a protest in Washington. (AP Photo/Jose Luis Magana, File)

On Nov. 22, 2014, 12-year old Tamir Rice was in a park in Cleveland, Ohio with a toy gun.  A person called 911 and told the dispatcher that the person was “probably a juvenile” and the gun was “probably fake.”  The dispatcher did not relay that information over the radio.

Officers Frank Garmback and Rookie Timothy Loehmann arrived and Loehmann shot Tamir Rice, who later died from the gunshot wound.

The Cleveland police dispatcher who failed to relay all of the information was suspended for eight days.

There were filings in court where a judge found probable cause to arrest Garmback and Loehmann, however, Cuyahoga County Prosecutor Timothy J. McGinty did not charge the officers and a grand jury did not indict.

Tamir’s estate filed a federal lawsuit and the City of Cleveland settled for $6 million.

The Cleveland Police Union has filed suit against manufacturers of toy guns seeking to have them redesigned.

Today, May 30, 2017, Timothy Loehmann was fired from the Cleveland Police Department. His termination was for violations he committed in the course of his hiring process. 

Police Officer Zachary Rosen Killed One Man Before He Kicked Another

Zachary Rosen. Failure to indict for killing a man, he was still on the job kicking a man in the head. This time, his action was caught on camera.

In June 2016, 23-year old Henry Green was shot and killed in South Linden, Ohio by plainclothes police officers driving an unmarked car.  Green had a conceal carry license, but the version given by the officers is that Green fired his gun at them before they returned fire, killing him.

But, this isn’t about the conflicting statements regarding the incident that ended Green’s life.  Rather, it’s about one of the officers who killed him.

On March 27, 2017, a grand jury declined to indict the officers in Green’s death.  One of those officers was Zachary Rosen.  There were witnesses who stated that Rosen stood over Green’s dead or dying body and emptied his clip.  NBC reports that the investigation found that Rosen fired 15 times.

Yesterday, 10tv and other news sources reported on a video of an officer kicking DeMarco Anderson in the head while he was handcuffed and laying face down on the ground.  The Columbus police department has identified that officer as Zachary Rosen.  Rosen has since been placed on non-patrol duty indefinitely pending the results of investigation.

International Concern Over Killing of Arab Law Student By Police

I had no plans on writing any posts involving police use of excessive force for the rest of this year.   We are currently following the trial of Dylann Roof, who murdered 9 people in their church.  That came on the heels of following the trial of Michael Slager, who shot an unarmed running Walter Scott in the back.  The jury hung.  Slager’s trial came on the heel of the trial of Ray Tensing, who shot unarmed Sam Dubose in the head while he was sitting in his car.  That jury hung.

It’s not only the subject matter, but the judicial results that can be a burden on the heart and mind.  This afternoon, I threw off the burden when learning about another unarmed person killed by the police.   He was a human being.  He has a family. There are people who love him.  He will be missed.

The reason for this post is because I did not hear of the incident through major news sources when it happened.  There was no ticker across the bottom of the screen on CNN nor MSNBC.  (I don’t watch Fox News.)

Because I look for professional views regarding cases in court, I subscribe to Law.com in Practice.  Their Newsletters generally focus on what is happening in cases in courts and case decisions.  So, it was interesting when reading in their Newsletter about a dash cam video and a law student being shot dead by a police officer in Ohio.

Saif Nasser Mubarak Alameri

This incident is one to watch because it involves another country that is interested in how the State of Ohio is conducting its investigation into the death of Saif Nasser Mubarak Alameri.

Saif Nasser Mubarak Alameri was 26-years old.  He was a student at Case Western Reserve University School of Law .  Saif obtained a bachelor’s in law at the United Arab Emirates University. He was in the United States on a student visa and academic scholarship.

There are scant details.  According to the National Law Journal and Arab news sources, the Ohio State Highway Patrol received a call about an erratic driver on Sunday, December 4, 2016.  Alameri was driving on the Ohio Turnpike about 2:46 p.m. when he sideswiped another vehicle and flipped his vehicle, according to Hudson police.  He then climbed out of his car and fled the scene before the Ohio State Highway Patrol arrived.

Nearly one hour later, Officer Ryan Doran, a Hudson, Ohio police officer, found Alameri in a nearby wooded area off of Hudson-Aurora Road.

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.

Ohio Police Officer Sentenced To 33 Months In Federal Prison

Shane Mauger

On September 9, 2016, the United States Department of Justice announced that Reynoldsburg Police Officer Shane M. Mauger, 42, of Columbus, Ohio, was sentenced in U.S. District Court to 33 months in prison for using his position as a police officer to deprive people of their civil rights by falsifying search warrant affidavits and unlawfully seizing money and property during drug trafficking investigations.

An undercover officer, Tye Downard, was implicated in the case but committed suicide after he was arrested.  A third officer connected to the case was suspended earlier this year.

Mauger agreed to plead guilty to one count of federal program theft, and conspiracy to deprive persons of their civil rights.  Each count carries a sentence of up to 10 years in prison.  In addition to the 33 month prison sentence, Federal Judge Marbley also ordered Mauger to remain under court supervision for 2 years after he completes his prison sentence, and perform 4 hours of community service per week while under court supervision.

Man Who Called-In False Report On John Crawford Might Be Charged

Fairborn Municipal Court Judge Beth Root has ruled that there is probable cause to charge Ronald T. Ritchie with making false alarms.  Judge Root ruled that there was not probable cause to issue a criminal complaint against Ritchie for inciting to violence, inducing panic, involuntary manslaughter or reckless homicide.  She has referred the case for making false alarms to a prosecutor.

On August 5, 2014, Ronald T. Ritchie called 911 reporting that a Black man was in the Beavercreek, Ohio’s Walmart pointing a gun at shoppers and children.  Beavercreek police officer Sean Williams arrived and shot John twice, killing him.  John had picked up an air rifle from the shelf in the store.  The store’s surveillance video shows that John was not behaving as Ritchie reported.

John Crawford III was 22-years old.  At the time he was killed by Officer Williams, a shopper, 37-year old Angela Williams, had a heart attack while rushing out of the store.  She died.

The Dayton Daily News reports that 10 private citizens filed affidavits in Fairborn Municipal Court and turned in Walmart surveillance video synchronized to the 911 call by the FBI on March 25.  Judge Root watched the synchronized video and ruled that at the time that Ritchie told 911 that John was pointing a gun at two children, that the video does not depict that event.

Ricky Jackson, Hillary Clinton And The Death Penalty

Last night as I was watching the Democratic Town Hall hosted by CNN, a man named Ricky Jackson took the mic. Ricky said that he spent 39 years in prison, part of it on death row, for a murder he didn’t commit. He emotionally confronted Hillary Clinton about her position on the death penalty.

The tiny bit of his story caught my interest so I looked up information about his case. Here is Ricky’s story.

Ricky Jackson then and now

Ricky Jackson is an Ohio man who, in 1975, was accused of murdering Harold Franks, a Cleveland area money order salesman. Jackson was 19-years old. Without a witness, the state had no case. Some reports say that the witness was 12-years old and other reports say that the witness was 13-years old.  Edward Vernon was the reason why the state charged Ricky as the trigger-man who killed Harold Franks. Ricky was sentenced to death.

Ricky’s death sentence was vacated because of a technical error. Two others who were convicted along with Ricky were also sentenced to death. They are commonly referred to as the Bridgeman brothers and they remained on death row until 1978 when the Supreme Court declared that Ohio’s death penalty was unconstitutional. One of the Bridgman brothers came within 20 days of execution.

Being color brave

Wonderful and written from the human heart of divine wisdom. You put many things in words that I’ve found difficult to express. Thank you, Deborah.

Investigation Report Released In The Death of Tamir Rice

The Cuyahoga County Prosecutor’s Office today released the Cuyahoga County Sheriff’s Department investigation into the death of 12-year-old Tamir Rice on November 22, 2014.

Tamir Rice was shot outside the Cudell Recreation Center on Cleveland’s West Side on a Saturday afternoon and died at MetroHealth Medical Center the following day. He was fatally shot by a police officer responding to a 911 call that someone had a gun in the park. The caller told 911 dispatch that the gun was probably a fake, and the guy with it was a kid.  However, that information was not conveyed to the police by the dispatcher.

At the request of the Cleveland Division of Police, the Sheriff’s Department took over the use of deadly force investigation in January of this year. On June 3, Sheriff Clifford Pinkney delivered his investigative report to Prosecutor McGinty. The Sheriff’s Department was assisted in its work by the Ohio Bureau of Criminal Investigation (BCI).

Cop Acquitted Of Killing Two Now Arrested For Assault

Does Michael Brelo feel emboldened? This is like déjà vu. After George Zimmerman’s acquittal for killing Trayvon Martin, he acted invincible, and ended up getting involved with cops and the courts again, and again, and again and …

On May 23, 2015, Cuyahoga County Common Pleas Judge John O’Donnell found Michael Brelo not guilty on two counts of voluntary manslaughter for the deaths of Timothy Russell and Malissa Williams.

Mark and Michael Brelo Mugshots

Now, Michael Brelo and his brother Mark have been charged for a physical altercation that happened on May 27, 2015.   Michael and Mark have been charged with one count of misdemeanor assault. Mark also faces a misdemeanor charge of disorderly conduct.

Attorney General Loretta Lynch Vows to Investigate John Crawford’s Shooting Death in Walmart

I certainly hope that the DOJ looks into the man who made the 911 call, because it could be pretext to violate John’s civil rights because of his race.

Ohio Cop Refused to Shoot Threatening Murder Suspect

The cop was not shot. He lived, and so did the suspect.

Rookie police officer Jesse Kidder

New Richmond, Ohio, rookie Police Officer Jesse Kidder has been on the force for a year. A friend gave him a body camera and he was wearing that on Thursday when stopping a suspected murderer. Michael Wilcox has since been charged with killing his fiancee, Courtney Fowler. Wilcox is also under suspicion for the death of his best friend.

Arrested for murder, Michael Wilcox

Wilcox took the police on a car chase through multiple counties on the Ohio-Kentucky border before Kidder caught Wilcox and arrested him. 911 dispatchers told officer Kidder that Wilcox could have a gun under his seat and may be threatening suicide-by-cop.

Kidder said since he knew backup was coming, he held off shooting Wilcox.

Tamir Rice’s Autopsy Brings Home Life and Death

Tamir Rice

Tamir Rice is the 12 year old who was shot and killed in Ohio by a cop who fired his gun in less than 2 seconds of arriving on scene.

A man had called 911 and told dispatch that a guy was in the park who might be a juvenile had a gun that might have been fake, but it was making him nervous.  Dispatch put out the call without saying it could be a juvenile and could be a toy gun.

Tamir did not die right away.  Reports have it that the EMT’s arrived about 4 minutes after Tamir was shot.  He was taken to the hospital where he died the next day.

Tamir’s autopsy was released today.  It makes the reality of life and death profound.  One bullet can end a life. One bullet can cause suffering before ending a life.

One bullet. 

When A “Toy” Isn’t A Toy

We have seen their faces, heard their names, another senseless loss of life. Gone before their time and all for holding a “toy”. As you will see I use “s” when referring to these “toys”. What I’m talking about are air soft and BB guns/rifles. This is the story of 3:

Andy Lopez

1. October 2013; Andy Lopez, 13, of Santa Rosa CA was walking to a friend’s home and was carrying a look-a-like AR air soft “toy” and an air soft pistol “toy”. The pistol was tucked into his waist band and while this one had an orange tip, it was not visible due to being tucked into his waistband. The officers approached from a safe distance from behind and used their vehicle as a shield. They instructed Andy to put down the weapon but instead Andy turned toward the officers and, according to the officers, started to raise the “toy”. 8 shots rang out with 7 of them striking Andy. Most were non-fatal injuries except for the shot to the chest.

John Crawford

2. August 5, 2014; John Crawford III, 22, Fairfield, Ohio. John was out with a friend and was in a Wal-Mart store when he picked up a look-alike assault air rifle “toy” from one of the sporting good aisles of the store. The “toy” had been removed from the box by an unknown person and was not loaded. While he carried the “toy” around a Ronald Ritchie approached store management and then called 911 with a story, in fact it is filled with outright lies. He claimed that Crawford was waving the rifle around and pointing it at children and several times told the 911 dispatcher that he was loading ammunition into the rifle. You can listen to the 911 call and the store’s video which have been timed together.

Watch: Brazen Teenagers Terrorize Residents with Assault Rifles

HA! So some of them did end up arrested. Good.

The Fifth Column

From the video below…

This is pure harassment.  I fear things are going to get much worse  as this sort of behavior catches on…

Occupy Democrats

A shocking video was recently released showing three teenagers walking around a suburban Ohio neighborhood with high-powered assault weapons. The teens could be heard shouting racial slurs in the video, and bragging about legally parading their AR-15′s — the same rifle used in the Aurora, Colorado shooting — through the streets of East Price Hill.

“Open carry in the state of Ohio, the cops can’t do nothing,” said the young man on camera.

“Broad day, you see this? Walking down the street with a AR-15,” the filmmaker, later identified as Jesse DeBoard, could be heard stating.

Cincinnati police arrested DeBoard on Friday and charged him with menacing by stalking and violation of a protection order. Arrest warrants were also issued for two of the people featured in…

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