Judge Declares Second Mistrial in Trial for Police Killing of Samuel DuBose

Olive Rios
June 25, 2017

A judge declared a mistrial Friday after an OH jury failed to reach a unanimous verdict in the trial of a police officer who shot and killed a man during a July 2015 traffic stop.

This is the third time in the past week that a USA police officer has been tried for shooting a black man without being convicted. The first round also ended in a mistrial previous year with a jury unable to come to a unanimous verdict after deliberating for more than 20 hours.

The jurors had told Judge Leslie Ghiz earlier Friday that they were unable to reach a verdict in the trial of Officer Ray Tensing, but Ghiz sent them back to try again.

As in his first trial, Tensing testified that he feared he could be dragged or run over as DuBose tried to drive away.

The family of the unarmed black motorist who died after he was shot by a white OH police officer in a traffic stop is demanding a third trial.

The officer asks for Mr DuBose's driver's licence, but he says he does not have it.

Dozens of protesters gathered on the rainy streets of Cincinnati.

To convict Tensing on murder charges, the jury would have to find he purposely killed DuBose.

The Ray Tensing murder retrial ended in a hung jury for the second time. Hamilton County Judge Leslie Ghiz declared a mistrial Friday afternoon. On the stand last week, he said he "misperceived" that his arm was caught.

"We will make sure that people who are feeling a variety of emotions, and, in my opinion, justifiably so, have a right to express themselves peacefully and we have every expectation that will be the case".

The police officers fired their weapons, saying they had feared for their lives. After brief questioning, Tensing attempts to open the door to DuBose's auto, while asking him to unbuckle his seatbelt.

Tensing was charged with murder and voluntary manslaughter for shooting and killing Sam DuBose during a 2015 traffic stop.

Two other officers were on scene, and their body cameras captured other angles of the shooting's aftermath.

The Rev. Peterson Mingo, an activist and friend of the DuBose family, escorted the victim's mother, Audrey, and his brother, Aubrey, to a waiting auto. His first trial had 10 white people and two black people. The entire incident was recorded on Tensing's body camera.

Tensing testified that he thought his life was in danger.

In a statement, Audrey DuBose thanked the community for its support, commended the prosecution's "strong presentation" and invoked the names of other men around the nation killed by police officers who were not convicted. There were experts who broke down the video for both sides.

Ghiz read the jury a statement commonly referred to as the Howard charge, which instructs jury members to deliberate further after they have reached a deadlock.

Prosecutors, meanwhile, claimed that the video shows that DuBose's vehicle wasn't moving until about one second before Tensing fired his gun, therefore "Tensing wasn't in reasonable fear of his life when he made the decision to shoot DuBose", the AP reported.

Other reports by Click Lancashire

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