Following a mistrial, Hamilton County Prosecutor Joe Deters plans to retry Ray Tensing, the 26-year-old former University of Cincinnati officer charged in the fatal shooting of unarmed Black man Sam DuBose, according to ABC News. Tensing is charged murder and voluntary manslaughter charges.
Deters told reporters Tuesday that he will request a new trial in a different county, the outlet reports.
“My decision is based on the likelihood of success in trial and that’s it,” he said, writes ABC. “If I thought we couldn’t win this case, we would not retry this case.”
On November 12, Hamilton County Judge Megan Shanahan declared a mistrial after a hung jury failed to reach a decision after a day of deliberating. The jury consisted of six White men, four White women and two Black women, according to Cincinnati.com.
Deters told CBS News the jury was leaning toward a voluntary manslaughter conviction and an acquittal on the murder charge, but couldn’t come to a unanimous decision.
Tensing claimed he “feared for his life” when he confronted DuBose, 43, during a traffic stop on July 19, 2015. According to police records, Tensing stopped DuBose because he was missing a front license plate.
Tensing testified that his arm was caught in the window of DuBose’s car where he thought he would be dragged, leading him to use deadly force. But prosecutors’ dash cam video evidence failed to corroborate his story.
Prosecutors also pointed to a report that shows eight out of every 10 drivers Tensing stopped were Black, a higher ration than any other university officer. An eyewitness testified that Tensing was wearing a t-shirt with an image of the Confederate Flag on the day of the shooting. Lawyers for Tensing told the court the shirt had “no evidentiary value.”
The former officer maintains he was unaware of DuBose’s race when he initially stopped him and asserts he is not racist.
Deters told reporters he would like to see the trial begin in the spring, but acknowledged that many “logistical issues” must be overcome.