Prosecutor: Ray Tensing Will Not Be Tried Again Following Second Mistrial
The case is currently in the hands of federal authorities who will decide if there is enough evidence to prove a civil rights violation.
The prosecutor in the trial of Ray Tensing is moving to dismiss the murder indictment against the ex-University of Cincinnati police officer following a second mistrial back in June.
Hamilton County Prosecutor Joe Deters announced on Tuesday that he would not pursue a third trial, reports CNN.
“After discussing this matter with multiple jurors—both black and white—they have, to a person, said to us that we will never be able to get a conviction in this case,” Deters said. “After two trials and a million dollars, the best lawyers I could come up with were unsuccessful at conviction. I’ve concluded we cannot win a trial on this case in these facts.”
Tensing was indicted in the death of unarmed motorist Sam DuBose during a traffic stop on July 19, 2015.
Tensing testified in both trials, claiming to have used his weapon because he feared for his life after his arm became trapped inside DuBose’s moving vehicle.
Both ended in mistrials since jurors were unable to agree on whether he was guilty of murder or voluntary manslaughter.
Deters was told by a judge that he had until July 24 to decide whether or not he wanted to try Tensing again.
Deters faced criticism when he did not try Tensing in the second trial on a lesser charge of reckless homicide. He says it would have been “absolutely idiotic” to accuse Tensing of anything less than murder, according to The Atlantic.
Deters voiced his certainty that race played a major role in the lack of a conviction.
“There are two visions of what is going on in the country. It’s not just Hamilton County, it’s the country … And in this case, we have jurors who will not vote to convict a police officer.”
The case has been handed over to the Department of Justice who will decide if there is substantiating evidence pointing to a civil rights violation.
The DuBose family’s attorney announced that they have written a letter and prepared other materials for authorities to consider.
Tensing’s attorney, Stew Mathews, says the sense of relief following Deters announcement is only temporary.
“We’re relieved there won’t be a third trial, but on the other hand, what you get in one hand gets taken away in the other hand, with the reference to a Department of Justice investigation,” said Mathews.
Mathews told WLWT he does not believe there is any evidence that would point to a violation of federal civil rights.
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