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Title: Video: Ohio cop indicted on murder charge in shooting Officer has said he was dragged by suspect's car and was forced to shoot
Source:
Associated Press
URL Source: [None]
Published: Jul 30, 2015
Author: By Lisa Cornwell Associated Press
Post Date: 2015-07-30 10:39:43 by GrandIsland
Keywords: None
Views: 40079
Comments: 189
CINCINNATI — A University of Cincinnati officer who shot a motorist during a traffic stop over a missing front license plate was indicted Wednesday on a murder charge, with a prosecutor saying the officer "purposely killed him" and "should never have been a police officer." Hamilton County Prosecutor Joe Deters announced the grand jury indictment at a news conference to discuss developments in the investigation into the July 19 shooting of 43-year-old motorist Samuel DuBose by Officer Ray Tensing. Authorities have said Tensing spotted a car driven by DuBose and missing the front license plate, which is required by Ohio law. They say Tensing stopped the car and a struggle ensued after DuBose refused to provide a driver's license and get out of the car. Tensing, 25, has said he was dragged by the car and forced to shoot at DuBose. He fired once, striking DuBose in the head. But Deters dismissed Tensing's claim that he was dragged by the car and suggested that he shouldn't have pulled DuBose over to begin with. "He fell backward after he shot (DuBose) in the head," Deters said, adding that it was a "chicken crap" traffic stop. On footage released from the body-camera video Wednesday, the officer could be heard asking for DuBose's driver's license several times with DuBose at one point saying he had one. Later, DuBose said, "But I don't think I have it on me." Tensing asks DuBose to unbuckle his seat belt. About that time Tensing pulls on the door handle, and DuBose puts his hand on the door to keep it closed. Then the video becomes shaky, but a gunshot can be heard and DuBose appears to be slumped in the seat before the car rolls away, coming to stop at a nearby corner. The University of Cincinnati said it fired Tensing after his indictment. Tensing turned himself in Wednesday afternoon at the Hamilton County Justice Center and was processed on charges of murder and voluntary manslaughter. Tensing's attorney, Stewart Mathews, didn't return phone messages seeking comment after the indictment announcement. Mathews said earlier Wednesday that he thought an indictment was likely "given the political climate" and comments made by city officials. But Mathews said given the evidence he's seen, he doesn't believe there should be an indictment. DuBose's death comes amid months of national scrutiny of police dealings with African-Americans, especially those killed by officers. DuBose was black. Tensing is white. Authorities haven't indicated whether race was a part of the investigation. Body-camera video of the shooting was also released Wednesday. DuBose's family had been pressing for its release, and news organizations including The Associated Press had sued Deters to get it released under Ohio open records law, but Deters released it before any ruling had been made. Deters called the shooting "senseless" and "asinine." "He purposely killed him," Deters said. "He should never have been a police officer." The prosecutor also said he thought it was time to reconsider the UC police department's role. "I don't think a university should be in the policing business," Deters said. A message for comment was left Wednesday with the police department. The university said earlier this week it plans an independent review of its police department's policies. The UC officer made the traffic stop near the university's main campus, and UC police have said the intersection was within the campus police's jurisdiction. The University of Cincinnati on Wednesday closed its main campus in anticipation of grand jury action in the case. Mark O'Mara, attorney for DuBose's family, called for a "peaceful and nonaggressive" response from the community after the officer's indictment. O'Mara said the family wanted a peaceful reaction because "Sam was a peaceful person." Tensing has more than five years of experience in law enforcement and has worked as a University of Cincinnati police officer since April 2014, said Jason Goodrich, UC police chief. His annual performance review this April noted that he was extremely strong in the traffic area and maintains control of his weapons and of "situations he is involved in." Tensing formerly worked as an officer in the small Cincinnati suburban village of Greenhills. Deters said when he saw the video of the shooting, he was shocked. "I feel so sorry for this family and what they lost," Deters said. "And I feel sorry for the community, too." If convicted, Tensing could face up to life in prison. Poster Comment: Deckard is losing his mind. He spends time posting garbage by Free Thought Project, where most of the shit he posts has to be written in such a bias way to give the appearance of police misconduct, AND HERE IS A CLEAR CASE OF A BAD OFFICER INVOLVED SHOOTING... and Deckard doesn't post it. Well I will. This officer should be wood chipped. Hopefully someone here can post the VIDEO... you'll cringe watching it.
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Begin Trace Mode for Comment # 180.
#79. To: GrandIsland (#0)
"DuBose has been charged with driving without a license more than 13 times between 1995 and 2009, according to court records obtained by Cincinnati’s Fox 19. He has also been charged with driving while suspended eight times from 2005 and 2011 and with failure to display a proper a proper license plate on his vehicle four times between 1995 and 2009." Dubose had more than 75 offenses charged to him over his lifetime. Including drug charges. Pillar of the community.
"DuBose has been charged with driving without a license more than 13 times between 1995 and 2009, according to court records obtained by Cincinnati’s Fox 19. He has also been charged with driving while suspended eight times from 2005 and 2011 and with failure to display a proper a proper license plate on his vehicle four times between 1995 and 2009." Dubose had more than 75 offenses charged to him over his lifetime. Including drug charges. Pillar of the community. Oh, believe me, I weep not a tear or feel the least bit of sorrow for this pile of shit... but the officer used DPF when he wasn't justified by necessity. I believe the shitbird was going to try and drive off... because he's a Criminal piece of shit.... but I believe the officer did perceive that and shot the driver in the head to keep him from evading.
Let's forget about trying to define "drag". If the officer's arm was caught in the car and the driver started to accelerate, was the officer justified in shooting?
Was the officer justified in touching/grabbing the victim? I say no.
That's a different question, isn't it. MY question is, "If the officer's arm was caught in the car and the driver started to accelerate, was the officer justified in shooting?" Don't feel bad ignoring it. Not one person on this forum will answer it.
He wasn't dragged. If he was I'm sure you can tell us from the video from what minute-second did the dragging start and when did it end? You can't.
You mean heels-scraping-the-pavement, screaming, dangling by one arm from the rapidly moving car? I agree. He wasn't "dragged".
So you can't tell me the time frame when he was dragged or if it is now his arm was stuck somewhere. Whatever it was that made his actions reasonable. What time frame in the video did it happen in. You've already dodged once.
At the 1:56 screen grab, it appears as though the officer's left arm is trapped in the crook of the drivers left arm. There's a good, non-biased discussion here if you're interested.
An image at #7 shows Tensing with a black watch band on his left arm, as does the image at 1:59 at #105. At #105 is an image at 1:56 and the comment, “At the 1:56 screen grab, it appears as though the officer's left arm is trapped in the crook of the drivers left arm.” This appears to be impossible due to the position of the watch band. It appears the background behind the crook of DuBose’s left arm is out of focus. Tensing’s right arm is well above the crook of DuBose’s left arm. It appears to be around the height of DuBose’s head, rather than the crook of his left arm. Not far in front of the watch band is the butt of the gun, out of focus.
The image at #7 is of the other cop (either Kidd or Lindenschmidt) with a black watch band on his left wrist. The image at 1:59 at #105 shows the watch on Tensing's right wrist. As does the the image at 1:56 at #105. In the lower left corner of 1:56, you can see Tensing's (white) left arm behind the driver's (black) left arm and Tensing appears to be grabbing the shoulder strap of the seat belt. That photo is the moment the driver was shot, so it's intentionally blurred. Take away the blurring and you'll see Tensing's arm was trapped. And the prosecutor knows this. Given that Tensing's arm was trapped while the driver accelerated, it gave him reason to believe his life was in danger. Yer honor, the defense rests.
What a silly explanation. Tensing grabs a seat belt and won't let go and then shoots the guy, saying he was being dragged? And the jury returns a conviction in two hours or less with most deliberation going to the choice between a murder charge or involuntary manslaughter. I'm thinking this is most likely to end in a plea bargain, not a jury trial. Not a bad bed when only a few percent of criminal prosecutions end up in a jury trial, the rest taking plea bargains after being deliberately overcharged by the prosecutor.
On the basis of blurred photographic evidence, I can't determine what a court would find. There is a third possibility to a jury trial or plea bargain -- a bench trial (judge, no jury, at request of defendant only). Unless the photographic evidence is clear and compelling, I would not expect a plea bargain. I would roll the dice on reasonable doubt. I doubt the general statistic about plea bargains applies to cases of police officer involved shootings. I think the evidence will show that the officer shot while the car was barely moving, if not stationary. It appears to me, he pulled his gun to stop the guy from fleeing. A frame by frame analysis of unblurred frames may be definitive.
The burden of proof is on the prosecution, not the defense. The photographic evidence does not refute anyone's statements -- his left arm was tangled up and he fell on the ground 20-30 feet away from the initial stop. The ONLY thing the prosecution has is when he fired. But even if the car just started to roll, he could claim that he feared he was about to be dragged and, therefore, defended himself. Self defense is HIS state of mind at the time, not the prosecution's. I think there's enough there for reasonable doubt. Not guilty. Plea bargaining down to voluntary manslaughter results in a first degree felony carrying 3-11 yrs. in prison. With that felony, his life as a cop is over.
#185. To: misterwhite (#180)
A frame by frame analysis (think Zapruder film) may tell if the car is moving and its precise velocity and acceleration. I'll have to wait for the investigation report. It seems very unlikely that the other officers could see that his left arm was tangled up as you describe. Perhaps they can testify that what they observed was consistent with that. If the photographic evidence does not show that, the officer might be required to testify to get that claim into evidence.
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#85. To: misterwhite (#79)
#88. To: GrandIsland (#85)
Oh, believe me, I weep not a tear or feel the least bit of sorrow for this pile of shit... but the officer used DPF when he wasn't justified by necessity.
#89. To: misterwhite (#88)
(Edited)
If the officer's arm was caught in the car and the driver started to accelerate, was the officer justified in shooting?
#93. To: Fred Mertz (#89)
"Was the officer justified in touching/grabbing the victim?"
#97. To: misterwhite (#93)
#98. To: A K A Stone (#97)
"He wasn't dragged."
#99. To: misterwhite (#98)
#105. To: A K A Stone (#99)
#162. To: misterwhite, A K A Stone (#105)
#165. To: nolu chan (#162)
"An image at #7 shows Tensing with a black watch band on his left arm, as does the image at 1:59 at #105."
#167. To: misterwhite, nolu chan (#165)
In the lower left corner of 1:56, you can see Tensing's (white) left arm behind the driver's (black) left arm and Tensing appears to be grabbing the shoulder strap of the seat belt. That photo is the moment the driver was shot, so it's intentionally blurred. Take away the blurring and you'll see Tensing's arm was trapped. And the prosecutor knows this.
Yer honor, the defense rests.
#179. To: TooConservative, misterwhite (#167)
I'm thinking this is most likely to end in a plea bargain, not a jury trial. Not a bad bed when only a few percent of criminal prosecutions end up in a jury trial, the rest taking plea bargains....
#180. To: nolu chan (#179)
(Edited)
"Unless the photographic evidence is clear and compelling"
Replies to Comment # 180. The photographic evidence does not refute anyone's statements -- his left arm was tangled up and he fell on the ground 20-30 feet away from the initial stop.
End Trace Mode for Comment # 180.
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