San Francisco Chronicle

No 3rd trial in police shooting of unarmed man

- By Dan Sewell Dan Sewell is an Associated Press writer.

CINCINNATI — A white police officer who fatally shot an unarmed black motorist during a Cincinnati traffic stop won’t face a third murder trial, a prosecutor announced Tuesday while saying he’s asking federal authoritie­s to consider possible civil rights charges.

Hamilton County Prosecutor Joe Deters said he’s dropping the case against Ray Tensing, 27, on the eve of the twoyear anniversar­y of the death of Sam DuBose, 43. Two previous juries couldn’t reach a unanimous agreement on murder and voluntary manslaught­er charges against the former University of Cincinnati officer.

“I feel badly,” said Deters, who said he concluded he wouldn’t be able to get a jury to convict Tensing.

Tensing’s attorney said Deters made the right decision because jurors he talked to after the second trial all said they felt there would “never be a unanimous decision” reached in the case.

“The system worked exactly as it’s designed to work,” Mathews said. “We tried it with two separate juries, and neither one could come to a unanimous decision, and that’s our justice system working.”

Deters added: “It’s imperfect.” He referred to outrage among some people over football star O.J. Simpson’s 1995 acquittal in Los Angeles on murder charges.

“The division in this country is profound,” Deters said. “I mean, look at the O.J. Simpson case; people were like ‘What? Not guilty?’ OK? This goes both ways, hard.”

Tensing shot DuBose in the head after pulling him over for a missing front license plate on July 19, 2015. The officer, since fired, testified he feared he was going to be killed. The shooting is among cases across the nation that have called attention to how police deal with blacks. It also highlighte­d the challenges prosecutor­s face in getting jurors to convict police officers for shooting when they say they are under threat.

Tensing testified in his own defense at both trials and said he feared he could be dragged or run over as DuBose tried to drive away.

 ?? John Minchillo / Associated Press ?? Protesters chant as they march on the University of Cincinnati campus demanding that a white former police officer be tried a third time in the fatal shooting of an unarmed black motorist.
John Minchillo / Associated Press Protesters chant as they march on the University of Cincinnati campus demanding that a white former police officer be tried a third time in the fatal shooting of an unarmed black motorist.

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