Deters: 'I want everyone ... to see beyond black and white'

Hamilton County Prosecutor Joe Deters has spent the last two years being criticized for bringing murder charges against former University of Cincinnati police officer Ray Tensing.

In the wake of his announcement not to bring the officer to trial a third time, Deters told The Enquirer on Tuesday that he doesn't care about the whispers behind his back.

"I wouldn't do anything different," said Deters, who has been at the helm of the prosecutor's office for 20 years.

"To this day, probably because I am hard-headed, I firmly believe this was murder," Deters said. "If the jury followed the law, he would have been found guilty. But so many things bled into the jury room related to race."

More:No third trial for ex-UC cop Ray Tensing in shooting death of unarmed motorist Sam DuBose

Deters believes the shooting was purposeful. The question, then, is whether it was justified.

Deters says no. Some jurors felt otherwise.

The problem, Deters said: racism. Tensing is white. DuBose, black.

More:Sam DuBose's family: 'We’ve got to speak up for our children'

Two years ago Tensing fatally shot DuBose during a traffic stop in Mount Auburn, near the University of Cincinnati's campus. A grand jury charged Tensing with murder and voluntary manslaughter. Since then, two juries could not come to a unanimous decision, resulting in two mistrials.

Then came Deters' announcement Tuesday.

He called the decision to not retry the case the "most difficult" of his career. It's one that "rips my heart out," he added.

In the most recent trial, the nine white jurors and three black jurors ended deliberations with only five convinced the shooting was manslaughter.

Deters said jurors interviewed after the mistrial told him "you're never going to get a conviction."

"I want everyone to be American, to see beyond black and white," Deters said. "It bothers me to the core that we can't get a fair trial."

More:Cincinnati black leaders respond to decision to not try Ray Tensing again