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Watching The Cops
See other Watching The Cops Articles

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: 40092
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 # 94.

#4. To: GrandIsland (#0)

AND HERE IS A CLEAR CASE OF A BAD OFFICER INVOLVED SHOOTING... and Deckard doesn't post it.

Yeah, I was going to post a thread, thinking the same thing.

You suppose FreeThoughtProject is going to feature this story? I think it will fall into a dusty corner of their newsroom and never be heard from again.


Tooconservative  posted on  2015-07-30   11:24:09 ET  Reply   Untrace   Trace   Private Reply  


#7. To: TooConservative (#4)

Here's the full video. Listen to the exchange at 4:20 (just three minutes after the shooting) -- "He was dragging me. Yeah, I saw that."

Another officer's body cam shows him (at :55) knocked to the ground:

The truth? I don't know. But there's enough just in the video for reasonable doubt. If he gets a fair trial with an impartial jury.

But white-cop-black-victim? I agree with his attorney. Everyone is throwing him under the bus.

misterwhite  posted on  2015-07-30   11:48:01 ET  Reply   Untrace   Trace   Private Reply  


#11. To: misterwhite (#7)

Another officer's body cam shows him (at :55) knocked to the ground:

It shows him getting up off the ground. "Knocked to the ground" it does not show. At least in this video. He may have simply lost his balance in the scuffle and in firing his weapon.

The window seems to be wide open. How then, did he managed to be dragged? Further, at the instant of shooting, it seems the camera was to the front left of the driver. If he was already being dragged at that point, I'd expect the camera angle to reflect that. As it is, it appears he fired before the car even started moving, and certainly before any dragging, if any, occurred.

As for his being "thrown under the bus", due to the national politics surrounding white on black police shootings, that's very possible. Though the opposite bias has also occurred quite frequently, where police killings are exonerated out of probably legal reasons of avoiding or reducing the risk of civil payouts.

But indicted does not mean guilty. Just means there will be a trial to closely examine everything. When there is doubt as to someone's innocence, what is wrong with that?

Pinguinite  posted on  2015-07-30   13:43:38 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Pinguinite (#11)

"It shows him getting up off the ground. "Knocked to the ground" it does not show. At least in this video. He may have simply lost his balance in the scuffle and in firing his weapon."

Perhaps. But it is consistent with his story. I'm sure the jurors will discuss that.

"How then, did he managed to be dragged?"

Don't know. Caught in the steering wheel? Perhaps the driver grabbed his arm?

"As it is, it appears he fired before the car even started moving, and certainly before any dragging, if any, occurred."

That's the main problem with body cams. Suddenly they're the final word and common sense goes out the window.

Because he's so close to the car, the camera is only focused on the car. If he's being dragged, he and the camera and the car are all moving together at the same speed. That's what the camera shows. He fires, then frees himself of the car.

On the video I posted he tells the other cop he was dragged. The other cop says, "Yeah. I saw that." You're saying we should ignore that exchange?

misterwhite  posted on  2015-07-30   14:07:58 ET  Reply   Untrace   Trace   Private Reply  


#32. To: misterwhite (#12)

Perhaps. But it is consistent with his story.

Which means he should stick with it.

Caught in the steering wheel? Perhaps the driver grabbed his arm?

It is, IMO, quite disingenuous for a cop to place himself in a dangerous situation, and then use that situation to justify killing someone to get him out of the dangerous situation he put himself into.

What would he reasonably hope to accomplish by sticking his arm into the car, especially when dealing with only a traffic violation?

That's the main problem with body cams. Suddenly they're the final word and common sense goes out the window.

Common sense went out the window long before body cams came around. It's just that with body & dash cams, people are less likely to simply accept the officer's word on what happened, as it should be. This is not saying they should ignore the cop's version of events. It just shouldn't be presumed to be gospel.

Because he's so close to the car, the camera is only focused on the car. If he's being dragged, he and the camera and the car are all moving together at the same speed. That's what the camera shows. He fires, then frees himself of the car.

At the moment of shooting, the camera is quite obviously higher than the top of the door. If this is a chest cam, it's apparent then that the cop's chest is also above the level of the door. If he was literally being "dragged" that by definition means the cop was not standing on his feet, in which case the camera would have been below the top of the door, and would not have caught footage of the shooting as it did.

Ergo, I think it's plain to see that he could not have been in the process of being dragged at the time of the shooting. Perhaps he was briefly after the shooting, but not before and not at the time of shooting. No way.

On the video I posted he tells the other cop he was dragged. The other cop says, "Yeah. I saw that." You're saying we should ignore that exchange?

No, don't ignore it. But the cop is not even stating what he saw in his own words, and 2) As at least an associate of the cop in question, personal bias exists tainting his agreement. In such situations, there's the temptation to play CYA (Cover Your Ass) and making such comments when recorded is a great way to start doing that, both for you and your friends.

Pinguinite  posted on  2015-07-30   21:15:46 ET  Reply   Untrace   Trace   Private Reply  


#33. To: Pinguinite, misterwhite, GrandIsland (#32)

On the video I posted he tells the other cop he was dragged. The other cop says, "Yeah. I saw that."

If someone is actually being dragged by a car, you don't have to ask them.

You'll notice that this alibi cop is now nowhere to be found. Meaning that someone made him back off the alibi. So that means he was just agreeing to collude in an alibi for a bad shooting or the powers-that-be (local police chief, prosecutor) have threatened him to perjure himself and go along with throwing the shooter cop to the wolves. Which doesn't sound all that likely to me.

The exchange between the shooter cop and the alibi cop sounds more like colluding on an alibi after shooting someone in the head over a missing front plate.

His first thought after only a few seconds was an alibi for himself. It may not prove consciousness of guilt but it certainly makes the cop sound more suspicious, not less.

Exactly how was this cop being dragged while at arm's length from the driver's door? Was his wristwatch hooked over the door lock post? Did he get a hangnail caught in the door handle? What?

Tooconservative  posted on  2015-07-31   7:57:15 ET  Reply   Untrace   Trace   Private Reply  


#80. To: TooConservative, Pinguinite, GrandIsland (#33)

"You'll notice that this alibi cop is now nowhere to be found."

In one of the newly released videos, (Officer) Lindenschmidt appears to corroborate Tensing's original story that he was dragged by DuBose's car when talking to other officers arriving on scene.

"They had a traffic stop, the guy took off on him, the officer got caught in his arm, cause the guy reached for something he thought, so he grabbed on the car, that officer went down when he got tangled in the car, and fired," Lindenschmidt says.

Officer Kidd, whose body cam video shows him running over to the shooting scene, also said he saw Tensing being dragged by DuBose.

"He was dragging me," Tensing said to Kidd.

"Yeah I saw that," Kidd responded.

In the official incident report on the shooting, Officer Eric Wiebel writes that Kidd said he saw DuBose's car drag Tensing.

"Officer Kidd told me that he witnessed the Honda Accord drag Officer Tensing, and that he witnessed Officer Tensing fire a single shot," Wiebel wrote.

Reasonable doubt?

misterwhite  posted on  2015-08-01   11:54:28 ET  Reply   Untrace   Trace   Private Reply  


#83. To: misterwhite (#80)

You are demonstrating an overwhelming bias in favor of the cop.

Looking at the chest cam again, I notice we can clearly see in one of the frames the cops left arm immediately prior to the shot being fired, and it's extended to the man's chest/seatbelt, which I think rules out any suggestion that his arm might have been caught in the steering wheel.

That in conjunction with the fact that the chest cam was above the level of the top of the door of this small car (not an SUV) makes it reasonably apparent that his left arm was likely NOT in any way entangled, and therefore the cop was not in any way being dragged at the instant of the shooting.

That he fell to the ground after the shooting is obvious, and not in dispute. That the cop might have been trying to prevent the man from escaping is also not in dispute. That shooting a man solely for attempting to drive away from a traffic stop is an act not legally defensible is also not in dispute (at least with anyone else).

The only question is, did the cop have reasonable cause fear to fear for his life or safety at the instant of the shooting? I think the video evidence says "no".

I'm sure you will continue your defense of the cop as often as this issue comes up, which is fine. Good luck with that, as you'll need it.

Pinguinite  posted on  2015-08-01   13:16:12 ET  Reply   Untrace   Trace   Private Reply  


#87. To: Pinguinite (#83)

"You are demonstrating an overwhelming bias in favor of the cop."

I posted visual evidence and eyewitness testimony. That's bias?

Bias would be your interpretation of a video in favor of the victim.

"rules out any suggestion that his arm might have been caught in the steering wheel."

I have no idea where his arm was caught. Even before viewing his chest cam, he said his arm was caught. The chest cam later confirmed that (or, worst case, did not disprove it). Two eyewitnesses confirmed it. Others have examined the video and said that he fell 20 feet from the location of the traffic stop.

But your bias says that we should ignore all that because one frame from his chest cam appears to show his left arm.

misterwhite  posted on  2015-08-01   14:46:12 ET  Reply   Untrace   Trace   Private Reply  


#90. To: misterwhite (#87)

Bias would be your interpretation of a video in favor of the victim.

In favor of the what?

Pinguinite  posted on  2015-08-01   15:23:25 ET  Reply   Untrace   Trace   Private Reply  


#94. To: Pinguinite (#90)

"In favor of the what?"

Bias would be your interpretation of a video in favor of the alleged victim.

misterwhite  posted on  2015-08-01   19:18:05 ET  Reply   Untrace   Trace   Private Reply  


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