Deadlocked jury told to try again at Tensing's trial
- Author: Larry Hoffman Jun 24, 2017,
Jun 24, 2017, 1:59
On Friday, his retrial ended the same way.
But then later Friday, jurors returned to say they were still unable to find consensus, after almost 31 hours of deliberations.
The University of Cincinnati fired Tensing past year after his indictment.
Tensing asked DuBose for his driver's license and registration, which he failed to provide.
As we have reported, Tensing's bullet hit DuBose in the head, and he was pronounced dead at the scene. It's also among cases that show the difficulties prosecutors face in gaining convictions against police for on-duty shootings.
To convict Tensing of murder, jurors had to find he purposely killed DuBose. DuBose eventually said he did not have it with him. The officer then ordered him to step out of his auto and tried to open the door, but DuBose refused. DuBose said he had not done anything wrong and appeared to turn the vehicle back on, at which point Tensing drew his gun. Castile was shot during a traffic stop, and millions of people saw the aftermath because his girlfriend livestreamed it on Facebook.
Asserting the video did not definitively prove the prosecution's arguments about whether Tensing was dragged, Mathews reminded the jury of "Sully", the 2009 movie about airline pilot Chesley Sullenberger who became a hero by making an emergency landing on the Hudson River with no loss of life. The attorney also said Tensing "was in fear of his life" when he opened fire.
DuBose's killing was one in a series of high-profile, officer-involved shootings that sparked nationwide protests over the use of force by police.
Since the beginning of 2005, 82 non-federal law enforcement officers have been arrested for murder or manslaughter following a fatal on-duty shooting, said Philip M. Stinson, a criminologist at Bowling Green State University in OH, who studies arrests of officers and has kept data since that year. Tensing was among 19 officers with cases still pending.
The jury consisted of seven white women, two African-American women, two white men, and one African-American man. The university police fired him after he was charged. A jury in that case deadlocked and a mistrial was declared; Slager later pleaded guilty to a federal civil rights charge stemming from the shooting, resolving both cases.
On Wednesday, Dominique Heaggan-Brown, the former Milwaukee police officer who fatally shot Sylville Smith during an August 2016 foot chase, was found not guilty of first-degree reckless homicide.
"I think they're going to vote for murder, and that's what this (delay) means", Allen said.
"Across the nation, we've seen a lot of things", Mingo said. "It tends to support their actions in the great run of cases". "We do not perceive coming to a unanimous decision", the jury wrote. "Sometimes, it will be very helpful. and sometimes it will put certain facts, even if not all the facts, but certain facts beyond dispute".