San Francisco Chronicle

Charges dismissed against officer in fatal shooting

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CINCINNATI — A judge on Monday dismissed charges against a white police officer who fatally shot an unarmed black motorist during a traffic stop, after a county prosecutor declined to pursue a third murder trial in the case.

Hamilton County Judge Leslie Ghiz declined to acquit former University of Cincinnati officer Ray Tensing in the shooting of Sam DuBose, but she dismissed the murder and voluntary manslaught­er charges in a way that blocks retrial on those counts.

Two juries couldn’t reach unanimous agreement on the charges, leading to mistrials.

County Prosecutor Joe Deters said he felt “badly” about dropping the case, but had concluded that he wouldn’t be able to get a jury to convict Tensing.

Tensing, now 27, shot the 43-year-old DuBose in the head after pulling him over for a missing front license plate on July 19, 2015. The shooting is among numerous cases nationwide that have called attention to how police deal with blacks, and it highlights the challenges prosecutor­s face in getting jurors to convict police officers for shootings when they say they’re under threat.

The officer, later fired, testified at both trials and said he feared he was going to be dragged or run over as DuBose drove away.

DuBose’s family and civil rights groups wanted a third trial. They now are hoping that federal authoritie­s reviewing the case will determine that Dubose’s civil rights were violated. U.S. Attorney Benjamin Glassman said authoritie­s will review evidence from the state court trials to assess whether there are possible federal civil rights offenses that might warrant prosecutio­n.

The university reached a $5.3 million settlement with DuBose’s family, including free undergradu­ate tuition for his 13 children.

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