Judge declares second mistrial in Tensing case

Judge declares second mistrial in Tensing case

While many other recordings that spread widely on social media were captured by bystanders or police dash-board cameras, some of them recorded from a distance, the Tensing case was unusual in that the footage effectively showed the officer's perspective.

The Hamilton County jury had deliberated 30 hours over five days after getting the case Monday.

"We are nearly evenly split regarding our votes towards a final verdict", the note read.

"They were about to hang him out to dry", Mathews said, but authorities eventually came down on the pilot's side because "human factors" were considered.

University of Cincinnati officer Ray Tensing, who is white, had been charged with murder in the death of 43-year-old Sam DuBose, who was black. Subsequent reports by Tensing and two fellow officers indicated the driver had tried to leave the scene and ended up dragging the former cop for a time.

According to WCPO, DuBose's family said in a statement through an attorney, "We are outraged that a second jury has now failed to convict Ray Tensing for the murder of our beloved Sam DuBose".

The case is among several across the country in recent years that have raised attention to how police deal with blacks.

The mistrial comes just days after a Minnesota officer was acquitted of all charges in the shooting death of Philando Castile. It was not immediately clear if prosecutors intend to try the case for a third time. After a second attempt requested by the judge, the jury was still deadlocked.

A spokeswoman for Deters, the prosecutor, said he would not comment on the trial's outcome until next week.

Dozens of people demonstrated in steady rain outside the Hamilton County courthouse.

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All three of these cases came to a head last week without any of the former police officers found guilty. The crowd briefly blocked a streetcar line and grew in numbers when they were joined by people leaving a rally opposing the election of Donald Trump as president.

Audrey DuBose, Samuel DuBose's mother, demanded a retrial immediately after the mistrial was declared and called for peaceful protest of what she called "this unjust result".

Tensing's is the third trial involving a fatal shooting following a traffic stop that concluded in the last week. DuBose said he had one, but it wasn't on him. I didn't shoot to wound him. After Tensing fired the fatal shot, the auto lurched forward and eventually came to a stop down the street, while Tensing ran after it, shouting to a dispatcher that medical attention was needed.

The men had a conversation for about one minute and 50 seconds before it escalated with Tensing and DuBose in a struggle.

Prosecutors broke down the body camera video frame-by-frame to rebut Tensing's assertion that he was being dragged down the street. Tensing has said in both trials that he feared for his life during the traffic stop. The prosecutor said, "Sam DuBose was trapped in that vehicle during that stop, and he was an easy target when his auto became his coffin". And all six Baltimore officers charged in the 2015 killing of Freddie Gray, who succumbed to spinal cord injuries suffered in the back of a police van, eventually walked; officers arrested the victim after they considered his eye contact suspicious.

From there, things escalated with frightening speed. After DuBose was stopped, he attempted to drive away when Tensing asked whether he had a valid driver's license.

This jury had nine whites and three blacks.

By comparison, the first trial jury consisted of six white women, four white men, and two African-American women.

Tensing has been out of prison on bond since July 2015. It restructured its public safety department and made other policing reforms.

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