Minutes ago Judge Megan Shanahan declared a mistrial in the case of University of Cincinnati police officer Ray Tensing after the jury remained unable to come to a unanimous verdict in its fourth day and twenty-fifth hour of deliberations, as reported by WCPO in Cincinnati.
Tensing was being tried for murder and manslaughter for the shooting death of Sam DuBose, after DuBose attempted to drive away from a traffic stop. Tensing raised the legal defense of self-defense, claiming that he shot DuBose because DuBose was dragging him with his vehicle, and as a result threatening Tensing with death or grave bodily harm.
Tensing is white and DuBose is black.
We initially covered this case shortly after it occurred in 2015–Sam DuBose Shooting: Let’s Go to the Video Tape, in which we wrote that the officer’s bodycam video supported a viable self-defense claim–and then again yesterday–Arcane OH Self-Defense Law Leaves Officer at Risk of Conviction, in which we wrote that Tensing remained at risk of conviction in this case only because of Ohio’s arcane self-defense laws.
Being that this trial ended in a hung jury rather than an outright acquittal the prosecutors are, of course, free to try Tensing again.
Attorney Andrew Branca and his firm Law of Self Defense have been providing internationally-recognized expertise in American self-defense law for almost 20 years in the form of books, live seminars & online training (both accredited for CLE), public speaking engagements, and individualized legal consultation.
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