Protests Erupt After Mistrial in Ray Tensing Police Murder Case

By David Boroff and Laura Bult, New York Daily News

12 November 16

 

rotesters filled the streets outside the Cincinnati courthouse where a judge declared a mistrial Saturday in the case of a white Univeristy of Cincinnati police officer who fatally shot an unarmed black motorist.

The mistrial was spurred by a deadlocked jury, which deliberated for more than 25 hours but failed to reach a verdict. Had jurors found University of Cincinnati campus officer Roy Tensing guilty the most serious charge of murder, he could have spent life in prison. He was also charged with voluntary manslaughter.

"What we do know is that they (the jury) were leaning towards acquittal on the murder. They were leaning toward conviction on the voluntary manslaughter, but they just coudn't come to an agreement," Hamilton County Prosecutor Joe Deters told Fox 19.The jury was made up of 10 white jurors and two black jurors.

The announcement of a mistrial immediately sparked a demonstration outside the courthouse as peaceful protesters blocked traffic and shouted "No Justice! No Peace!" The protesters included members of the local Black Lives Matter movement.

Protestors blocking traffic on Main St. #TensingTrial @FOX19 pic.twitter.com/vccMxFHabU

— Mike Schell (@Fox19_Mike) November 12, 2016

Cincinnati Mayor John Cranley urged prosecutors to retry the racially charged case. Deters' office has until Nov. 28 to announce new charges.

"I believe justice is holding Ray Tensing accountable for his actions," Cranley said Saturday.

Tensing was fired by the University of Cincinnati after he fatally shot 43-year-old Sam DuBose during a broad daylight traffic stop just outside the campus.The racially charged shooting set off several days of protests last year and throughout the short trial, which began on Oct. 31.

During the trial, Tensing claimed that he feared for his life when he pulled the trigger in July of 2015. DuBose was shot in the head.

In a videotaped statement, Tensing said, "I was thinking, 'Oh my gosh, I'm being dragged by this guy's car. I don't want to die today.'" Tensing was wearing a confederate flag T-shirt that read "Great Smoky Mountains" under his police uniform at the time of the shooting.

Publicly release body cam footage of the incident revealed a several minute interaction between Tensing and DuBose after the officer pulled him over for a missing front license plate. Tensing is seen reaching into his car and then firing a single shot at DuBose's head as the black man attempts to drive away. Dubose's car crashed into an electric post where officers at the scene found his lifeless body behind the wheel.

Tensing's side argued he was in danger as DuBose tried to speed away, using his car as "a weapon." Deters argued that Tensing could not have fired at DuBose in order to "stop the threat" because "there never was one," according to Fox 19. A use-of-force expert agreed, testifying last week that DuBose did not pose a threat to the officer, according to the Cincinnati Enquirer.

The trial moved quickly after the jury was seated on Oct. 31.

The prosecution rested Monday after witnesses testified they didn't find any evidence to support Tensing's claim that he was going to be dragged to death as DuBose tried to drive away.

University of Cincinnati President Beverly J. Davenport released a statement following the trial outcome pleding that the "campus and our community will come together, to listen, to heal and to partner for positive and lasting change."

"On behalf of the University of Cincinnati, I extend our thoughts and prayers to everyone affected by the tragic loss of Samuel DuBose. We cannot and will not let the outcome of this trial divide us," Davenport wrote.