After two hung juries, charges dismissed in police shooting of black motorist...
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https://www.usatoday.com/story/news/nation-now/2017/07/25/after-two-hung-juries-charges-dismissed-police-shooting-black-motorist/507379001/
CINCINNATI — Ohio is through with Ray Tensing.
The voluntary manslaughter and murder charges against former University of Cincinnati police officer were formally dismissed Monday.
Hamilton County Common Pleas Judge Leslie Ghiz dropped the charges with prejudice, meaning this case against Tensing is dismissed permanently.
However, U.S Attorney Ben Glassman has said his office is looking into federal civil rights violations against Tensing. He was charged in the July 2015 shooting death of unarmed black motorist Sam DuBose during a traffic stop in Mount Auburn.
Before dismissing each charge, Ghiz, apologized for "dragging" the parties to court for a hearing she said was taking place only because of the various media lawsuits against her.
Another point of conflict had to be decided, though.
Stew Mathews, Tensing's attorney, argued for an acquittal. Mathews said the two non-verdict trials proved that evidence failed to prove guilt.
Prosecutor Seth Tieger objected and called the difference between dismissal and acquittal a "big legal technicality. … We are saying the evidence is sufficient to convict."
Ghiz ruled against acquittal before dismissing the charges.
The judge also unsealed certain documents in the case, namely transcripts of jury questions to her made during sessions in her chambers.
In the first session, dated June 20, is, "May we have a list of the Defense witnesses?" and the second was "Can we have a copy of the audio and video from (Scott) Roder's presentation? We were only given the paper format."
Ghiz then informed the jurors of the defense's witnesses, "Scott Roder, Nate Asbury from the Cincinnati Police Department, Derek Noland from the UC Police Department, Jeff Van Pelt from the UC Police Department, and Rick Haas from the UC Police Department, retired. And on Friday you had James Scanlon from the Columbus Police Department, who is retired also, and Mr. Tensing."
The second session, dated June 22, is, "What is the legal definition of passion and/or sudden passion?"
Terina DuBose Allen, Sam DuBose's sister and the family's spokeswoman, said Monday the dismissal was "just disappointing. It's further disappointing that the judge dismissed them with prejudice, so they can never be brought up again.
"We continue to believe the Department of Justice will intervene … and somewhere in this system we will have justice."
After Monday's hearing, Mathews said Tensing is "relieved" by the dismissal but knows a possible federal indictment hangs over him.
"He is still concerned," Mathews said of Tensing.
Mathews also praised jurors for being "extremely attentive" and said the juries "were divided along racial lines. That is America today."
Prosecutor Joe Deters also said that race played a part in jury deliberations.
Deters said previously that after discussions with "multiple jurors" after the two mistrials led him to not pursue a third trial. "They have, to a person, said … that we will never get a conviction," he said at a news conference last week. "So many things bled into the jury room related to race."
Over the weekend, approximately 100 supporters of the late DuBose marched from Fountain Square to The Banks. Later Monday a group of Tensing supporters plan to march from Sawyer Point across the Purple People Bridge.
Joe Deters announced Tues., July 18, 2017, that he will not re-try Ray Tensing in the shooting death of Sam DuBose, an unarmed motorist. The previous two trials of the University of Cincinnati police officer ended in hung juries. Carrie Cochran
Deters said Tuesday that he has turned over trial materials to federal prosecutors.
"My office will now undertake to acquire and review the evidence from the state court trials in order to assess whether there are possible federal civil rights offenses warranting investigation and potential prosecution," U.S. Attorney Glassman said in a statement.
He gave no timeline for a possible decision.
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http://www.fox19.com/story/35913515/lawyer-tensing-wants-to-be-a-cop-againLawyer: Ray Tensing wants to be a cop again
Ray Tensing wants to return to his former career as a law enforcement officer, according to his attorney, Stew Mathews.
Mathews said Tensing plans to move away from the Cincinnati area, if possible, now that the Hamilton County Prosecutor has dropped its murder case against the 27-year-old.
Prosecutor Joe Deters announced on Tuesday he won’t seek a third trial against the ex-University of Cincinnati police officer.
In an interview with FOX19 NOW, Mathews said accusations that Tensing is racist were the "biggest crock" in the trial.
In his first trial, it was revealed by the prosecution that Tensing wore a Smoky Mountains T-shirt that also had an image of the Confederate flag under his UCPD uniform the day he shot and killed Samuel DuBose.
Tensing claimed it was an old t-shirt and that it “has no meaning to me.” Prosecutors argued the shirt was relevant in the case, but a judge banned jurors from seeing it during the second trial.
Despite that, Mathews said, jurors still discussed the controversial t-shirt during their 31 hours of deliberations.
"Ray is a kid who was dedicated to becoming a police officer and who I believe was a very good police officer," Mathews said.
Tensing “had no clue” what to expect when Deters revealed his decision Tuesday, according to his attorney.
"Ray is obviously is devastated by the events of July 19, 2015 and the aftermath of those events,” Mathews said. "He is deeply affected by this and his life will never be the same.”
When asked if Tensing should become a police officer again, Deters replied, "I hope not."
Supporters of the former University of Cincinnati officer want to see it happen.
Supporters like Lacy Robertson had started an online petition arguing against a third trial. She is also behind the walk and vigil at the Purple People Bridge on Monday, July 24. The event begins at 6 p.m.
Robertson said despite what might be a public perception - there is opportunity for the former officer.
“There are police departments out there now today saying come and work for us we would be proud to have you and they would be proud because he is someone to be proud of,” she said.
Others like Brian Taylor of Black Lives Matter Cincinnati believe that Tensing should never be an officer again.
“He has no business being a cop on a certain level, but on another level this is what they are,” Taylor said. “Ray Tensing is why we say there is institutionalized racism. The idea that it would even be up for discussion?”
Mathews believes at some point Tensing will moved out of the Cincinnati area.
Tensing said he feared for his life when he shot and killed DuBose, 43, during a 2015 traffic stop. UC fired him shortly after the prosecutor charged Tensing with murder and voluntary manslaughter.
Since then, Tensing has been tried twice with both juries unable to come to agree on a decision.
The case had been referred to the Department of Justice to review whether DuBose’s civil rights were violated. The department could bring a civil rights case against Tensing.
Mathews said he recognizes the case is not yet over.
http://www.wlwt.com/article/emotions-high-after-final-hearing-in-state-of-ohios-case-against-ray-tensing/10352903The DuBose family has a hard time knowing it's possible Tensing could return to a life in law enforcement.
"He shouldn't go nowhere and be a cop," Aubrey DuBose said. "They should take his gun away permanently."
"Tensing is an absolute disgrace," Allen said. "I am glad he didn't get an acquittal, as if he didn't do anything wrong. He is a murderer. I will profess to that for the rest of my life. He knows he's a murderer. ... I'm not at all happy that Ray Tensing is walking free. None of us are."
Only in Amerikkka... -
How is there still Black people who support cops and the legal system after seeing this ? every day ?
Is there some sort of Uncle Tom replenishing fountain that these MFs feed off of ?
Because every time I hear about another one of these instances or dog & pony ass trials / investigations.... my ? blood boils. -
http://www.wcpo.com/news/local-news/hamilton-county/cincinnati/downtown/judge-to-dismiss-charges-against-ray-tensing-at-monday-morning-hearing?page=2The group "Support Ray Tensing will meet for a prayer walk and vigil starting 6 p.m. at Sawyer Point. Attendees will walk over the Purple People Bridge, according to the event's Facebook page. The Tensing event page also says T-shirts will be available for sale "to support Tensing."
"Support Ray Tensing" was started by a Hamilton woman, Lacy Robinson. Robinson began by creating a Change.org petition asking Deters to drop the case. After Deters decided ahainst a third trial, the petition was converted to request no civil rights charges brought against Tensing by the Justice Department. The petition has nearly 6,000 signatures.
"Please sign in order to stand up for our law enforcement officers & for JUSTICE! All lives matter," the petition says. "This was not about race. The judicial system has worked, now THREE times in this case, as the decision was made to not retry the innocent police officer."
http://www.wcpo.com/news/local-news/campbell-county/newport/ray-tensing-supporters-hold-first-public-rally-monday-nightRay Tensing supporters cancel first public rally Monday night, cite 'threats for violence'
DuBose supporters take over bridge instead
CINCINNATI -- Ray Tensing supporters cited "ongoing threats for violence and personal attacks" in canceling their first public demonstration Monday night. Hundreds of Sam DuBose supporters demonstrated in their place on the Purple People Bridge.
The group "Support Ray Tensing" announced the cancelation on its Facebook page, but its members vowed to try again.
"This decision was made with the safety of our law enforcement personnel being of the highest priority as well as families who frequent the Sawyer Point area," the cancelation post said.
"We hope eventually everyone can realize violence is not the answer. This does not change our stance on Officer Ray Tensing.
"Thank you to all of Ray Tensing supporters, as we celebrate yet another victory with the dismissal of the murder and voluntary manslaughter charges. More planning will take place in private later this week. We are not finished. We will celebrate the dismissal as our victory for today."
The group had planned to meet for a prayer walk and vigil at 6 p.m. at Sawyer Point. Attendees were going to walk over the Purple People Bridge, according to the event's Facebook page. The Tensing event page also said T-shirts would be available for sale "to support Tensing."
But DuBose supporters ended up taking over the bridge while only a handful of Tensing supporters walked in silence.
Tensing was aware of the rally but was not planning to attend, his attorney said Monday morning after Judge Leslie Ghiz held a court hearing to formally dismiss charges against the former University of Cincinnati police officer.
Speaking for himself, attorney Stew Mathews said he would just as soon put everything behind them.
“I think it's great that there are supporters of Ray. We are not a part of that. We had nothing to do with organizing that,” Mathews said. “I guess if I had my druthers, we'd just be done with it right now in this courtroom and that would be the end of it.”
Tensing shot and killed DuBose, a black motorist, during a traffic stop on July 19, 2015. Two trials have ended in hung juries and mistrials.
Before the cancelation, a brother of Sam DuBose called plans for a Tensing rally "immature."
"In this kind of arena, when you win, you shouldn't have to gloat," Aubrey DuBose said. "So, I feel like it's kind of immature for them to do this. The guy's gone. He's going to walk. So, you shouldn't have to do this. It's kind of like they're trying to snub us or something."
"Support Ray Tensing" was started by Lacy Robinson of Hamilton. Robinson began by creating a Change.org petition asking Deters to drop the case. After Deters decided against a third trial, the petition was converted to request no civil rights charges be brought against Tensing by the Justice Department. The petition has nearly 6,000 signatures.
"Please sign in order to stand up for our law enforcement officers & for JUSTICE! All lives matter," the petition says. "This was not about race. The judicial system has worked, now THREE times in this case, as the decision was made to not retry the innocent police officer."
"Support Ray Tensing" hasn't hosted any public rallies or demonstrations yet. Black Lives Matter and Countdown to Coalition have held various rallies since the second trial's conclusion.
Groups calling for justice for DuBose rallied Downtown Saturday. -
http://www.wcpo.com/news/local-news/hamilton-county/cincinnati/sheriff-richard-jones-says-hed-consider-hiring-ray-tensing-recommends-he-sue-uc-for-his-job-?page=2Sheriff Richard Jones says he'd consider hiring Ray Tensing, recommends he sue University of Cincinnati for his job
CINCINNATI - Outspoken Butler County Sheriff Richard Jones says he would consider hiring Ray Tensing now that murder and voluntary manslaughter charges against the former University of Cincinnati officer have been dismissed.
Talking to WCPO Monday, Jones recommended that Tensing “sue UC and fight for his job back." Jones criticized former UC President Santa Ono and former police Chief Jason Goodrich, saying they threw Tensing "under the bus."
“I know of him (Tensing) by what I've seen, and I talked to one of his supervisors in the past when this first started and they spoke very highly of him," Jones told WCPO Monday.
“He has never applied to a job at my place. If he did, we would run him through like anyone else.”
It’s an inflammatory question – should Tensing be a police officer again?
Jones and Tensing’s attorney, Stew Mathews, spoke out on the “yes” side Monday while Hamilton County Prosecutor Joe Deters and Sam DuBose’s brother, Aubrey DuBose, are firmly on the “no” side.
“I believe he should sue UC and fight for his job back and defaming him," Jones said.
UC fired Tensing after he was indicted for shooting and killing Sam DuBose during a traffic stop on July 19, 2015.
“I believe the way they attacked and accused him he should fight for his job back," Jones said. “I am not his attorney nor do I talk to him, but that is what I think he should do.”
The sheriff railed against UC's agreement with Cincinnati police that allowed Tensing and other UC officers to patrol off campus, as well as orders from Goodrich to write tickets for even the smallest offenses. Tensing stopped DuBose off campus for not having a front license plate.
"He (Tensing) was thrown under the bus by all of them. They all left. They all got paid and they all left, and they all pointed their finger at him and they got no issues on them at all. He absorbed it all. Period," Jones said.
"The president of the university left. The chief left. They all left. The chief of police from Cincinnati - the previous chief - made this agreement with ... the UC police chief and the president of the university. They all cut these deals where all these UC officers would make these stops in what they referred to as the 'no-fly zone.'
"It was to run people out of a certain area and they all thought it was great, wonderful and then this happened,and I believe he was sacrificed immediately like they didn't know anything about it. It reminded me of Lt. Calley in the Vietnam War," Jones said, referring to the My Lai Massacre.
"The second lieutenant — the lowest ranking officer in the officer's rank - received all the punishment. No generals, nobody else received anything."
Jones noted that Tensing has been a police officer since he graduated from college.
“I would assume he is not afraid to go back into the lion’s den,” Jones said.
Mathews said Tensing deserves another chance.
"This case is over with, so theoretically I suppose he could go up to UC today and say, 'Here I am, Chief. Put me back to work' - although he has been fired and there's an issue pending about that," Mathews said.
“He's a good police officer. He did what probably 99% of police officers who were faced with that situation would have done."
Mathews said Tensing is well-trained and had no disciplinary record as a UC officer.
“He'd make an excellent officer for any department who wanted to take a chance on him,” Mathews said.
But Deters said Tensing should never be a cop again.
“I hope not. Some of the best people I know are police officers and I think this incident was unjustified,” Deters said at a news conference last week.
Deters told WCPO Anchor Tanya O'Rourke in a one-on-one interview that it would be “a serious mistake” for law enforcement to hire Tensing.
“If I’m a chief and I got a guy applying for a job who was tried twice for murder and then the feds are now actively investigating civil rights violations, I don’t think I’d hire him,” Deters said. “There are too many candidates out there.”
Hire Tensing? DuBose's brother laughed scornfully.
“He shouldn't go nowhere and be a cop,” said Aubrey DuBose. “They should take his gun away permanently.”
Judge Leslie Ghiz dismissed charges against Tensing Monday after Deters said he would not retry Tensing following two mistrials. Afterward, Jones all but invited Tensing to apply to the Butler County Sheriff's Office and described what Tensing needs to do.
"You have to go through the process. You have to go through a polygraph. You have to go through a psych exam. You have to go through all those things that you would for any police department," Jones said, "but he's not done anything that I've seen - looking at the service - other than he's a police officer that was charged and ... they couldn't get a conviction. Charges were dropped."
Jones said he does not expect the U.S. Attorney, who is investigating Tensing for possible civil rights violations, will “find anything.”
"By looking at it from the outside, I'm not the federal government, and I'm not an attorney, but I don't see how they can charge him with anything as far as civil rights violations," Jones said.
If he gets rehired, Tensing would be following in the footsteps of Officer Stephen Roach, whose fatal 2001 shooting of an unarmed black man during a foot chase led to three nights of civil unrest in Cincinnati.
A judge acquitted Roach, a Cincinnati police officer, in the shooting of Timothy Thomas, and Roach went to work for the Evendale police.
Jones has been targeted by recent demonstrations for not allowing his deputies to carry narcan or administer it for heroin overdoses.
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Shot a man in the head on camera for driving away... hung jury
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"We ain't got time for all a dat...just let that cop go!" - judge
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How is there still Black people who support cops and the legal system after seeing this ? every day ?
Is there some sort of Uncle Tom replenishing fountain that these MFs feed off of ?
Because every time I hear about another one of these instances or dog & pony ass trials / investigations.... my ? blood boils.
People support the legal system when they get the results they want to see...and only then do they support it as being just and a sign of getting it right -
This case makes me think about the young dude who was killed at that party, shot while driving away also, its gonna be the same ? as this, i mean not that i had any hope of a diff outcome anyway
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I just had to refresh my memory of who this pos is...this is what they do...they wait til we forgot about who this particular cop is cuz so much ? be happening in the meantime, then they hit us with the dropped charges. Smh
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No back the blue marches in Minneapolis now?
How come? -
