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26 June 2017, 04:07 | Gladys Abbott
But then later Friday, jurors returned to say they were still unable to find consensus, after almost 31 hours of deliberations.
"We are nearly evenly split regarding our votes toward a final verdict", the jury announced in a note.
"We have given this extensive deliberation with opportunity for both sides to express their positions. We can not proceed to come to a unanimous decision".
Tensing testified he shot DuBose because he feared for his life after his left arm became trapped inside DuBose's moving auto on July 19, 2015.
WEINGARTNER: There was certainly a lot of attention here in Cincinnati and we presume around the country as well, a lot of people, you know, wondering what might happen because, again, it was the second time and the same charges and no new evidence - all the same evidence as in the first trial. The graphic footage shows the two had a brief struggle before Tensing fired his gun. Tensing said he feared for his life. Dubose pulls the door closed and starts his auto. Tensing says he feared for his life when DuBose tried to drive away from a traffic stop over a missing front license plate. Tensing testified he feared he was going to be killed as DuBose drove away while Tensing's arm was pinned in his auto.
"The evidence shows there was no danger to Ray Tensing when he made the decision to go for his gun", a prosecutor, Seth Tieger, said in his closing statement Monday.
Roder testified that his analysis of Tensing's body camera video shows DuBose's vehicle moved five to seven feet before the shot was sacked. "This is the most asinine act I have ever seen a police officer make", he said at the time.
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Prosecutors will have to decide whether to try Tensing for a third time. Tensing proceeded to reach into the vehicle and subsequently shot the Black man.
Heaggan-Brown was cleared of first-degree reckless homicide.
"It is the prosecutor's job, not this court's job, to include reckless homicide", Ghiz said, according to the Associated Press. Tensing was charged with murder and voluntary manslaughter. Jurors had deliberated for more than 30 hours. His first trial had 10 white people and two black people.
A jury was unable to come to a consensus on whether Cincinnati officer Ray Tensing, 27, was guilty of charges of murder and voluntary manslaughter after he shot and killed Sam DuBose, 43. De Bose's family has requested that all protests remain peaceful.
The DuBose family declined comment after the mistrial but Audrey DuBose, Sam's mother, issued a statement through her attorney.
It is the second time a mistrial has been declared in the case of former University of Cincinnati campus police officer Ray Tensing who is accused of killing Sam DuBose in an incident tinged with the same overtones of racial discrimination and heavy-handed tactics as other recent high-profile United States police shooting cases.
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