Former University of Cincinnati police officer Ray Tensing will not face a third trial for the fatal shooting of an unarmed black man during a traffic stop in 2015, Hamilton County Prosecutor Joe Deters announced Tuesday. Both of Tensing’s previous hearings ended in a mistrial, with jurors unable to agree on whether the officer was guilty of murder or voluntary manslaughter. Following the latest trial in June, the judge gave the prosecution until July 24 to decide whether to try Tensing again. On Tuesday, Deters said his decision not to pursue the case further “rips my heart out,” but added that a third trial was unlikely to be any more successful than the last two.
“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.” Deters added that the family of the victim—43-year-old Samuel DuBose—was deeply upset after being privately informed of the decision. “It was horrible,” he said, describing their response. “It was the reaction I would have if it was my brother.”