For a second time, a jury has been unable to agree on whether Ray Tensing was justified when he fatally shot Sam DuBose during a traffic stop.
Hamilton County Common Pleas Judge Leslie Ghiz on Friday shortly after 2 p.m. declared a mistrial, after the jury of nine women and three men said they could not agree on verdicts for either murder or voluntary manslaughter.
"We are almost evenly split regarding our votes," the jurors wrote to Ghiz.
Tensing’s first trial last year also ended with the jury deadlocked. Hamilton County Prosecutor Joe Deters must now decide whether to seek a third trial.
Jurors deliberated more than 30 hours over five days. They asked three questions during that time, court officials said.
The last question came Friday morning, when the jury told Ghiz they were unable to reach a unanimous decision on either count. “How should we proceed?” they asked.
Ghiz called them into the courtroom and ordered them to continue deliberating, saying, “Hopefully you’re able to resolve your deadlock.”
Jurors couldn’t resolve that deadlock in a case involving the 2015 fatal shooting of DuBose, an unarmed African-American man who tried to drive away from a traffic stop. Tensing, then a 25-year-old University of Cincinnati police officer, said he feared for his life after his arm became trapped inside DuBose’s car.
At this point I would expect County Prosecutor Joe Deters to pack it in and not seek a retrial. It's pretty obvious that Tensing will never be convicted, as 99% of police officers charged with killings simply skate on the "feared for my life" defense.
If the victim isn't white it seems, police can kill with impunity.
But black lives matter. I will never stop believing in that, or stop saying it, even if I'm the only one.