Protest peaceful after police shooting mistrial

The jury was instructed to first consider murder; if they did not find Tensing guilty of it or could not reach a unanimous agreement, they were told to consider voluntary manslaughter. A protest against the mistrial joined with an already-scheduled anti-Donald Trump protest.

During the trial, Tensing took the stand himself and testified that he fired his gun at DuBose because he thought DuBose was going to run him over with his auto and kill him. But prosecutors argued the shooting was purposeful and said body cam video proves the vehicle was not in motion when Tensing fired the fatal shot. If they were unable to reach a verdict, or if they found Tensing not guilty, they were to move on to voluntary manslaughter.

About 1,000 protesters marched peacefully through downtown chanting "Black lives matter, Sam's life matters".

A mistrial has been declared in the murder trial of former University of Cincinnati Police Officer Ray Tensing.

Either way, he stands by the decisions he made in this case - especially charging Tensing with murder.

Tensing would have acted the same during his encounter with DuBose, Mathews said, but DuBose knew Tensing likely would find the marijuana and $2,600 in cash in his auto, which would have led to a felony conviction.

Cranley said city officials respect people's right to be upset, and that he believes protests will continue to be peaceful.

People in Cincinatti are asking for a retrial after the case against Ray Tensing, the officer accused of killing an unarmed black driver, ended in a mistrial. "We've just got to make an assessment as to whether or not we can win at trial", he said.

Attorney Al Gerhardstein, who represents the DuBose family, said they want another trial and can't understand why the jury couldn't reach a conclusion.

Deters said he is investigating whether to try the case again.

Hamilton County Prosecutor Joe Deters said jurors were leaning toward convicting Tensing, 26, on a lesser charge but couldn't agree in the case. Judge Megan Shanahan declared a mistrial and thanked the jury for their service.

Tensing shot 43-year-old DuBose in the head after pulling him over for a missing front license plate on 19 July 2015. And a use-of-force expert even testified at the trial that DuBose was not a threat to Tensing.

The jury of 10 whites and two blacks was seated October 31.

The shooting - then the latest in a string of police killings of unarmed blacks - caused an immediate uproar.

Mathews reminded jurors of body camera video they watched during the trial, footage showing three traffic stops Tensing made before he pulled DuBose over. They arrived Saturday morning to resume deliberations.

Tensing said DuBose began to drive away and that he was being dragged by DuBose's auto.

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