Family demands retrial of cop in man's slaying

Alvin Kelly
June 27, 2017

The hung jury comes after two trials in eight months for Ray Tensing, the officer accused of murdering DuBose, a 43-year-old unarmed black man. Ex-officer Tensing, who is white, had faced charges of murder and voluntary manslaughter in the trial that ended this week. A few days ago, a Milwaukee police officer was acquitted.

Jurors in Ray Tensing's murder retrial will get back at it Friday, their fifth day.

In November, Tensing's first trial also ended in a mistrial after more than 25 hours of deliberations.

An Ohio judge declared a mistrial Friday in the case against former University of Cincinnati police Officer Ray Tensing, who fatally shot Samuel DuBose during a traffic stop in July 2015.

Cincinnati Mayor John Cranley says while he agrees with those who believe Tensing was guilty of murdering DuBose, he hopes the reaction to Friday's mistrial will be peaceful. Tensing, who was patrolling off campus, had pulled over DuBose because he was driving without a front license plate.

Mathews said DuBose had motive to drive away from the traffic stop because he lacked a license and carried a felony amount of marijuana in the vehicle.

The prosecution argued Tensing was in no imminent danger but rather forgot his training and reacted in an unreasonable manner. When DuBose couldn't find it, Tensing grew frustrated and asked the motorist to undo his seat belt.

CORNISH: Well, what kind of role does video play in this particular case? Officials in Cincinnati released the body camera video not long after the shooting.

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Experts caution that even though video footage can be horrifying, such recordings may be incomplete, and noted that the legal standard still remains whether an officer's actions were "objectively reasonable" at the time.

Jurors in the murder retrial of a white OH police officer charged in the fatal traffic stop shooting of an unarmed black motorist say they are deadlocked, but a judge told them to keep deliberating. Prosecutors were barred from showing jurors the shirt Tensing was wearing under his uniform at the time of the shooting, which depicted a Confederate battle flag. That was the only charge that fit. Judge Leslie Ghiz told prosecutors they have until Tensing's next court date, on July 24, to decide if they want to try the case again.

CORNISH: Was it a case that drew a lot of attention during this time? His first trial had 10 whites and two blacks.

Opening statements in the retrial were June 8.

Body-camera video showed Heaggan-Brown shooting Smith once in the arm as he appeared to be throwing the gun over a fence.

"Across the nation, we've seen a lot of things", Mingo said.

From that count, 29 have been convicted of a crime, mostly on lesser offenses, Stinson said. Police said the auto rolled about a block before crashing. And how do you determine what is in those few seconds? It's also among cases that show the difficulties prosecutors face in gaining convictions against police for on-duty shootings.

CORNISH: Tana Weingartner, thank you.

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