From [HERE] White Ohio prosecutors announced Tuesday that they will not seek a third trial against Ray Tensing, a University of Cincinnati police officer charged in the 2015 death of an unarmed black driver.

Tensing, who is white, has been tried twice for murder and involuntary manslaughter in the death of 43-year-old Samuel DuBose. Both cases were before mostly white juries, the most recent of which ended last month, concluded in mistrials after the juries said they were deadlocked. 

 His last jury conssited of Nine whites and 3 African Ameircans (9 women and 3 men). [MORE] His previous jury was composed of 10 whites. [MORE] 

Hamilton County Prosecuting Attorney Joe Deters said the decision "rips my heart out," but that he didn't feel he would be able to bring a successful case against Tensing.

"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, later he added:

"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." [MORE]

On July 19, 2015, in Cincinnati, Ohio, Samuel DuBose (43), an unarmed Black man, was fatally shot by Ray Tensing (27), a University of Cincinnatipolice officer, during a traffic stop for a missing front license plate. Tensing fired after DuBose started his car. Tensing stated that DuBose had begun to drive off and that he was being dragged because his arm was caught in the car. Prosecutors alleged that footage from Tensing's bodycam showed that he was not dragged and a grand jury indicted him on charges of murder and voluntary manslaughter. He was then fired from the police department. He was released on bond before trial. A November 2016 trial ended in mistrial after the jury became deadlocked. The retrial began in May 2017 and also ended in a hung jury on June 23, 2017.

In January 2016, following two days of mediation with civil rights attorney Al Gerhardstein, the University of Cincinnati agreed to pay $4.85 million to the DuBose family. In addition to financial compensation, the settlementincluded free undergraduate education for DuBose's children, the creation of a memorial in his name, an apology from the school's president, and engagement by the family in police reform at the university. It also protected all potential defendants from any future civil litigation in DuBose's death. 

Car Did Not Move. He Was Not Stuck to the Car. But a forensic frame by frame analysis of the the bodycam video [see below] showed that the car did not move or barely moved an inch before Tensing fired his gun. The bodycam video also shows Tensing was not dragged. Also, a  report by a risk-consulting firm hired by the university said that the video showed that Mr. Tensing was not being dragged, that the car had barely moved before the gunshot was fired and that Mr. Tensing had made several critical errors — including drawing his gun and reaching into the car. 

During the trial Tensing admitted that he was not stuck to anything in the car and that he was not being held in the car by Dubose. He said he misperceived being stuck to the car. He said he realized he was not stuck after he watched the video. [See [full testimony] on video above at 1:45:51]. It also seems improbable that he could perceive being run over because he was on the drivers side of the vehicle - as the car moved forward not sideways.  

Tensing's beliefs were actually delusions or misperceptions. He told the jury a story more in accord with the apppetite of the racist listener, not with the realities of life: He was scared to death of a frightening young Black man - and he was by himself. 

During the white cop's tearful testimony [crying w/o tears, see video] last Friday at the Hamilton County Courthouse in Cincinnati, Tensing, dressed in a dark suit, said that DuBose was evasive during the traffic stop and attempted to speed away.

"He just mashed the accelerator to the floor," said Tensing, who paused occasionally to wipe his eyes with a tissue [yet there were no tears]. "I protected my life," Tensing said when asked by prosecutors if he had served and protected DuBose. Tensing said repeatedly that he shot to "stop the threat." 

Racism is a virus in the mind. [MORE]