Former officer who shot unarmed black man won't be tried 3rd time

CINCINNATI — A former university police officer who killed an unarmed black man during a traffic stop won't face a third criminal trial, the county prosecutor said Tuesday.

Ray Tensing, fired from his job as a University of Cincinnati police officer 10 days after Sam DuBose was fatally shot, stood trial twice but both times ended with hung juries.

"My opinion of this case has not changed as of two years tomorrow, and it is not going to change," Hamilton County Prosecutor Joe Deters said.

Tensing stopped DuBose on July 19, 2015, as he was driving in the Cincinnati neighborhood of Mount Auburn adjacent to the university. DuBose had a missing front license plate.

Deters has referred the case to federal court, where he said a federal prosecutor looking at potential civil-rights violations has a better chance of landing a conviction of Tensing, now 27. U.S. Attorney Ben Glassman said his office would begin reviewing evidence in the case.

► Monday:Former police officer to learn if he'll be tried 3rd time
► June 23:Jury again deadlocks in fatal traffic stop shooting of black motorist
► June 23:Key decisions in the Ray Tensing retrial

If Tensing were found guilty in federal court of violating DuBose's civil rights, he could be jailed for as long as life in prison or be fined any amount. Because Tensing's action resulted in the death of another, a judge also could order the death penalty — although that punishment never has been meted out.

In Tensing's second Hamilton County trial, which ended in June, the jury vote appears to have been less favorable to the prosecution. It is believed the jury voted 8-4 to acquit on murder, 705 to acquit on voluntary manslaughter.

"We left nothing on the table. It's incredibly disappointing professionally," Deters said. "It's disappointing personally. My heart breaks for the DuBose family.

"There are two visions of what is going on in the country. It's not just Hamilton County, it's the country. It's heartbreaking," Deters said of juries in November and June being unable to reach a decision.

He called the U.S. justice system imperfect.

"This is not a new thing. It's the system we have," he said. "It's better than just getting thrown in the slammer like in North Korea."

On a trip to the Communist country, Cincinnati-area resident Otto Warmbier was arrested in January 2016, incarcerated, tried, sentenced to 15 years hard labor and injured so brutally afterward that he arrived back in the United States in a coma. The 22-year-old died June 19, six days after he arrived home. 

The majority of the jury in Tensing's first trial was believed to have voted for a manslaughter conviction, 8-4, Deters previously has said. But all jurors must agree in their group decision.

Deters has said he can't try Tensing on lesser charges, such as reckless homicide, because he has legally run out of time to do so. During the second trial, prosecutors asked to allow the jury to consider reckless homicide, but Judge Leslie Ghiz of Hamilton County Common Pleas Court said the evidence didn't support that charge.

"To say that we overcharged him is absolutely idiotic. When someone says, 'I intentionally shot someone in the head,' that's purposeful. That's murder unless it's justified," Deters said.

► June 17:Convictions are rare for officers in police shootings
► May 26:Judge, advocates seek more racially diverse juries for Tensing retrial

Tensing's bodycam captured video of the encounter, in which Tensing repeatedly asks DuBose for his driver's license. DuBose said he did not have it with him and closes his car door after Tensing starts to open it.

When Tensing asks DuBose to take off his seat belt, DuBose says "I didn't even do nothing" and turns his ignition key, starting the car. Tensing then reaches into the car with one hand and, with the other, fires a single shot into DuBose's head.

On July 29, 2015, Tensing was indicted on charges of murder and voluntary manslaughter.

He was fired from his job, 15 months after he started in the University of Cincinnati's police department, the same day. He had been a police officer for a little more than four years, joining the village of Greenhills police force part time in April 2011.

Deters said he told the DuBose family of his decision before the public announcement.

"Tensing should never walk free again. And Tensing should know: We ain't done with you," said Terina Allen, DuBose's sister, reading from a letter the family delivered to Deters before the announcement.

Allen said she would inform any community about her brother's death if officials were to consider hiring him as a police officer.

"I am absolutely disgusted that Tensing gets to shoot Sam and then run out the clock," Allen said. "Everybody in America, ask yourself, is this what you want for your family member?"

Contributing: James Pilcher, The Cincinnati Enquirer. Follow Kevin Grasha on Twitter: @kgrasha