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;
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
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.
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.