An Ohio judge declared a mistrial in the retrial of a former University of Cincinnati police officer who fatally wounded an unarmed Black motorist, PBS reports. Samuel DuBose, 43, was shot and killed during a traffic stop in July 2015.
The jury told Judge Leslie Ghiz that it couldn’t reach a verdict. After a second attempt requested by the judge, the jury was still deadlocked.
Jurors reportedly deliberated for more than 31 hours this week.
The hung jury is the second of two trials over an eight-month period for Ray Tensing, the Cincinnati police officer who shot and killed DuBose. Tensing, who is White, had faced charges of murder and voluntary manslaughter in this week’s court proceedings.
The first trial took place in 2016, and a mistrial was declared then after the jury was deadlocked. Tensing, 27, testified that he feared for his life when DuBose started to drive away from the traffic stop. He told the court his arm was still inside the vehicle and claimed DuBose “dragged” him with his vehicle. But prosecutors argued video evidence showed the police officer wasn’t dragged.
“It is our belief that he was not dragged. If you slow down this tape you see what happens, it is a very short period of time from when the car starts rolling to when a gun is out and he’s shot in the head,” Hamilton County Prosecutor Joe Deters said.
Tensing said he thought about the fatal encounter “every moment for the last two years” during last week’s appearance on the stand.
In a statement released following the most recent mistrial, family members of DuBose commended prosecutors for their “strong presentation in this case,” but said they were “outraged that a second jury has now failed to convict Ray Tensing for the murder of our beloved Sam DuBose.”
The family is reportedly demanding another retrial and called for community members to join them in a peaceful protest “of this unjust result.”