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No Third Trial for the Former University of Cincinnati Officer Who Killed Sam DuBose

photo of Ray Tensing

There will be no third trial for the former University of Cincinnati police who killed an unarmed motorist.  

Hamilton County Prosecutor Joe Deters says he can't try Raymond Tensing again on murder and voluntary manslaughter charges for the death of Samuel DuBose if he doesn't believe he can get a conviction. 

"My heart breaks for the DuBose family, and I know what they're feeling, because I'd feel the same way. But after talking to these jurors, there's not a likelihood of success in trial." 

Two previous juries failed to reach a verdict.

DuBose’s sister, Terina Allen,  says his death exposes a bigger problem in the country. She points to the fatal police shooting of an unarmed Australia woman in Minneapolis last weekend.

Allen's point of view

"I don't care if you're white or black. This fight to me is about law enforcement having a free reign to shoot and kill people. They're just getting away with it far more with blacks. They're doing it way more to blacks, but they're doing it every ethnic group in America."

Allen says she was raised to respect police officers, but will not respect a society that allows them to violate the law.

The decision to not pursue another trial was greeted by “some relief” by Tensing’s attorney. Stew Mathew, says Tensing remains concerned, though,  because the case is now being reviewed by the U.S. Attorney's office.

Prosecutor Deters thinks the federal case stands a chance.

Why the case might still be pursued

"They can introduce evidence of racial prejudice, and we were not permitted to do that in our case."

Deters says that includes Tensing's high arrest rate of African Americans and the confederate flag T-shirt he was wearing during the July 2015 traffic stop.