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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: 40278
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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#81. To: misterwhite (#76)
Judging by the video, that was less than a half-second before he was clear of the vehicle on the video. You are asking for an answer to a question that is bootless in this situation. You're saying that, from the time the victim put his car in gear, the cop was making a decision about being dragged and having the time to decide he was in danger and pull the gun and aim and fire. I see nothing in this video to suggest that your scenario applies. I think it doesn't matter. I note that you are suggesting that it is somehow fine for police to shoot anyone who flees from them. Fleeing police is not a capital offense, subject to summary execution on the streets. You don't seem to understand that.
Reasonable doubt? No. If he was actually being dragged, there should be scuff marks on his shoes and even on the pavement. There should be other supporting evidence. It's clear from the vagueness of this testimony that the other cop never saw the actual events up close. He clearly does not have a coherent eyewitness account. He sounds like his story varies considerably in just a few sentences. The prosecutor will take him apart, probably make clear how serious perjuring himself in court will be if he gives false testimony and the D.A. has evidence to prove he is lying. I think this alibi cop will fall apart and recant before the trial, under pressure from the prosecutor. There's a good reason why the county decided to prosecute this murder. The perp Kampus Kop is not credible, nor is his alibi witness. And they have evidence and another witness to contradict the duet of the Kampus Kops.
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.
Before body cams, absoloutly.... problem is, the video footage doesn't support him being "dragged". The best video would be from a dash cam, behind the traffic stop. That would show the officer being dragged... the body cam doesn't. It supports him shooting the driver in the head and falling backwards... as the car rolls forwards at 1 mph. I'm the infidel... Allah warned you about. كافر المسلح
"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. I'm the infidel... Allah warned you about. كافر المسلح
Bootless? It was his statement backed up by two eyewitnesses and multiple videos. Nothing contradicts any of that (other than your personal interpretation). Yet I answered your "bootless" question which omitted all of that factual evidence. "Why did he flee the police for a mere license plate violation?" I see. NOW it doesn't matter. It mattered when you brought it up. It mattered when is was a mere license plate infraction. But then the driver turns a warning into a felony and to you it doesn't matter why. "Fleeing police is not a capital offense, subject to summary execution on the streets. You don't seem to understand that." You asked me that question before, I answered it, and you didn't read it? Then why should I bother?
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.
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.
In favor of the what?
Wouldn't it depend on the size of the glove box?
It was a Honda Accord. Whatever size that is. Moot point. I think he lied.
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.
Bias would be your interpretation of a video in favor of the alleged victim.
It is not. I don't think the other Kampus Kop will help alibi him. His statement sounds very confused, like someone caught in a lie. The other eyewitness, according to the D.A., is going to testify it was a murder. And you keep harping on how this guy's arm was caught yet you never provide any credible explanation as to how he got his arm caught or what his arm was caught on so that he feared being dragged. Since he didn't get dragged and the car moved away, in what way did shooting this helpless (now-dead) driver help him to get his arm free so he would stop being dragged? In short, you're an idiot.
It was made only minutes after the shooting. He didn't have time to sit down and compose it. "The other eyewitness, according to the D.A., is going to testify it was a murder." So he's changing his official story after talking to the DA. The defense will have a field day with that. "And you keep harping on how this guy's arm was caught yet you never provide any credible explanation as to how he got his arm caught or what his arm was caught on so that he feared being dragged." WTF? How should I know? He SAID his arm was stuck. Two eyewitnesses said his arm was stuck. Two videos don't show anything contrary. He ended up on the ground 20 feet from the initial stop. Now, was he dragged, heels scraping the ground, dangling by one arm? No. Nobody claims that, so stop asking for proof of 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.
Your "alibi" cop is pretty much what I was thinking. One officer sees that another made a serious mistake. So he chimes in with an alibi.
Grabbing onto something inside a car and refusing to let go is not being dragged. And if he wasn't being dragged, then this was murder. And a jury will convict him in minutes, not days.
Maybe maybe not.
Per above post: Grabbing onto something inside the car and refusing to let go is not being "dragged". And it isn't cause to murder a fleeing suspect by shooting him point-blank in the head. Let's keep in mind that these are Kampus Kops, not real cops.
Grabbing onto something inside a car and refusing to let go is not being dragged. And if he wasn't being dragged, then this was murder. And a jury will convict him in minutes, not days. Spot on... This officer, in the heat of the moment and excitement, made a poor split decision. He should have left his service weapon in his holster, let go of the driver AND GAVE CHASE WITH THE PATROL CAR. Stone is right tho, a jury may give the officer benefit of the doubt and not convict him... and we'll have another wonderful riot. I'm the infidel... Allah warned you about. كافر المسلح
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.
That's not what he said. Christ, I hope you're not on the jury. He said, "the officer got caught in his arm". Look at my post #105, screen shot at 1:56.
I saw the prosecutor, very calm and deliberate. He charged both murder and involuntary manslaughter. It's a very easy bet he has enough evidence and eyewitness support to secure at least one conviction. Tensing is going down. It will be a fairly brief trial too. I still don't get why Kampus Kops are stopping someone for a plate violation. Maybe the laws are different there. In places I've lived, campus police stay on the actual campus and don't get involved in things like statutory vehicle infractions like plates or inspection stickers. And campus police never shoot people, outside of some armed nutjob like the UVa shooter. A campus cop is so worried about a missing plate infraction that the (non-student) driver ends up dead? Of course, this story merely tends to confirm my own bias against campus police. I prefer to see regular police and sheriffs' departments used in almost any instance. So I guess I'm fairly unfriendly to the entire idea of a campus police unit. The real problem is lack of training and recruitment, it seems. When things get gritty like a mass shooting, campus police are ineffective. It seems to me a diversion of funding from legitimate local police agencies.
I agree. And will you agree that if his arm was trapped by the driver's arm and the driver was accelerating, the shooting was justified?
What I see is the cop grabbing the perp's left arm and not letting go and, as the car starts to accelerate away, the cop has his gun half out of the holster already (indicating he was already drawing on the driver for not having exited the vehicle after he had opened the door and then closed it again). Then he shot him in the head, the dying driver's foot remaining pressed on the accelerator and keeping the car moving down the street. You aren't fooling anyone with that 1:56 photo. And Tensing's attorney won't fool any jury either. All he had to do was let go of the victim's arm. And not shoot a plate-violator in the head for fleeing.
So you're saying he wanted to be dragged down the street? "You aren't fooling anyone with that 1:56 photo." What?? Fool anyone?? I posted a f**king screen shot. It is what it is. To me, it appears to support Officer Tensing's statement AND Officer Lindenschmidt's statement AND Officer Kidd's statement that his left arm was trapped and he was being dragged.
That video hurts your case. They take a shot at the prosecutor, that he is talking too much. It seems a long stretch for them to compare his statements to what Mosely did in Baltimore which was egregious prosecutorial misconduct, in the Nifong range. Notice that both attorneys are agreeing that he will be convicted. It is possible, as suggested, that the murder charge is intended to force a guilty plea to the involuntary manslaughter charge. There are a few peculiarities of Ohio criminal law to consider as well. Like it or not, every state has its own criminal statutes with a considerable amount of variety among them.
Aren't both Lindenschmidt and Kidd suspended from duty right now? I sure wouldn't count on them for alibis for Tensing. More likely, they will face charges (or being fired) too. They may be prosecuted for filing false police reports. Lindenschmidt seems really shaky and confused. An veteran police interrogator would make quick work of his alibi story (and probably already has).
I doubt much will happen to the two witness officers. It's hard to prove that somebody didn't see something of did see something. All they have to do is say on the stand, " I thought I saw him being dragged... I'm not 100% sure... about 99% sure I saw him dragged".
I'm the infidel... Allah warned you about. كافر المسلح
Where did you read that? Or are you just making it up? "I sure wouldn't count on them for alibis for Tensing." Oops. Too late. "More likely, they will face charges (or being fired) too." You mean if they don't change their statements. Probably.
True. But keep in mind, these independent statements were made within three minutes of the shooting -- not after they saw the video, got together and agreed what the story was. In my opinion, it raises reasonable doubt that this was a murder.
We shall all see. The job of a cop ain't easy... I'm glad I'm retired with a clean file. I'm the infidel... Allah warned you about. كافر المسلح
I posted the video to dispute your claim that the prosecutor is some kind of calm and deliberate official. "Despite the good will his prosecution of the Tensing case will likely bring, questions of Deters’ professional ethics continue to hound him. In 2000, for example, the Cincinnati Enquirer found that the Ohio Supreme Court has criticized the Hamilton County Prosecutor Office for making improper courtroom statements to secure 14 death penalty cases from 1988 to 2000. These statements — meant to solicit an emotional response from juries or to paint the defense in a poor light — is frown upon during capital offense cases, where facts are meant to be the exclusive determining factor in guilt." "Deters’ ethics were further tested when, in 2004, Matt Borges, a former chief of staff and fundraiser for Deter, plead guilty in a “pay-to-play” scandal. Borges gave 10 brokers that contributed to Deters’ campaign fund preferential treatment in securing state Treasurer’s Office contracts. Borges’ conviction was joined by a guilty plea by Eric Sagun, who also raised money for Deters. Sagun solicited $50,000 from convicted Cleveland-area broker Frank Gruttadauria in 2001 with the understanding the funds will make it to Deters’ campaign fund." "While Deters was not convicted in regards to any of these scandals, they continue to cast a dark shadow against his reputation. One situation in which his ethics are being called into question is the retrial of suspended Hamilton County Juvenile Court Judge Tracie Hunter on the dismissed charge of misusing a county credit card. Many in Cincinnati’s black community allege that Deters has a personal vendetta against Hunter, who was convicted in 2014 on a single count of misusing her authority as a judge to provide documentation to her brother before a disciplinary hearing." (http://heavy.com/news/2015/07/joe-deters-ray-tensing-samuel-dubose-prosecutor- cincinnati-hamilton-county-ohio-police-shooting/)
Dumbkopf. It's at the end of the video you posted (Megan Kelly at 09:17). Don't you even watch the vids you post to try to prove your point?
An earlier 2014 traffic stop by Tensing: A video posted in May 2014 shows University of Cincinnati police officer Ray Tensing involved in a contentious traffic stop a year before he shot Sam Dubose. New video reveals moment campus cop accused of killing unarmed Samuel DuBose was involved in ANOTHER heated and aggressive traffic stop in 2014 Ray Tensing, 25, was filmed pulling over two men in May last year Asks to see passenger's ID, who refuses, sparking argument Tensing refuses to answer questions and is called 'incompetent' in stop After supervisor intervenes, the two men are allowed to go Tensing shot and killed unarmed driver Samuel DuBose this week in Cincinnati, Ohio - and is now facing murder charges This is the moment Cincinnati campus cop Ray Tensing was caught up in a heated traffic stop a year before he allegedly murdered a driver he had pulled over. Tensing, 25, is seen arguing with two men in a he car pulled over last May. They accuse him of harassing them, breaching their rights and being generally 'incompetent'. The officer, who worked for the University of Cincinnati campus force, argues with the men over IDs and whether he has the right to detain them, before a supervisor intervenes and lets the men go. Footage of the stoppage, taken by passenger Demetrius Pace, gives an insight into the policing style of Tensing, who rose to notoriety this week after shooting unarmed Samuel DuBose in the head during another traffic stop. Tensing has since been indicted for murder over the stop, which shows him speaking with DuBose, 43, after pulling him over about a license plate. Not long into the encounter, the two argue over a driver's license, which DuBose says he does not have with him. He later gets agitated and turns the ignition key in his car. After a struggle over the vehicle's door, Tensing draws his weapon, reaches in and shoots DuBose once in the head, killing him. The campus police department fired him as soon as the charges were filed, prompting Tensing to immediately demand his job back. The older footage, which Pace uploaded to YouTube, shows Tensing stopping him and his friend Sexton Henley over a dragging bumper plate. It devolves into bickering after Tensing asks Pace to identify himself, and he refuses. Under Ohio law, people only have to identify themselves to police if the officer suspects them of a criminal offense or thinks they witnesses a felony - neither of which apply in a traffic stop. During the exchange, Pace tells Tensing: 'I’m just trying to go to the ATM to get some money out and y’all just pulled me over for some bulls**t.' When asked to explain himself, Tensing does not answer the pair, who instead ask him to call his supervisor. He also doesn't tell them his name when asked, and will only say the pair are 'being detained'. At one point in the video, Henley tells Tensing: 'Don’t hold me against my own will for nothing!' After his supervisor arrives, Tensing stops speaking. The stop ends after the senior officer says that their vehicle doesn't match any recently-recorded accidents, and lets the pair go. Pace later told local news station WCPO: 'I felt like through the whole encounter, I shouldn't have even been questioned. He should have dealt specifically with the driver'. Tensing has pleaded not guilty to the murder charge and another of voluntary manslaughter for this week's killing. He paid a $100,000 bond and was allowed out of jail on Thursday. Two other officers who came to the scene of the shooting were interviewed but not indicted over the killing. The Hamilton County coroner's office on Friday released preliminary autopsy findings for DuBose, which found that he died from a single gunshot wound to his left temple. No bullet was recovered.
Comments (121 - 189) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/Latest1) Assuming the cop's arm was caught in the moving car and the cop feared he might be dragged to death, was he justified in shooting the driver?
2) Why did he flee the police for a mere license plate violation?
#82. To: misterwhite (#80)
"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.
#83. To: misterwhite (#80)
#84. To: misterwhite (#80)
Reasonable doubt?
#85. To: misterwhite (#79)
#86. To: TooConservative (#81)
You are asking for an answer to a question that is bootless in this situation.
"I think it doesn't matter."
#87. To: Pinguinite (#83)
"You are demonstrating an overwhelming bias in favor of the cop."
#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?
#90. To: misterwhite (#87)
Bias would be your interpretation of a video in favor of the victim.
#91. To: misterwhite (#77)
Do you think a license plate would fit in a glove box?
#92. To: nolu chan (#91)
Wouldn't it depend on the size of the glove box?
#93. To: Fred Mertz (#89)
"Was the officer justified in touching/grabbing the victim?"
#94. To: Pinguinite (#90)
"In favor of the what?"
#95. To: misterwhite (#86)
Bootless? It was his statement backed up by two eyewitnesses and multiple videos.
#96. To: TooConservative (#95)
"I don't think the other Kampus Kop will help alibi him. His statement sounds very confused, like someone caught in a lie."
#97. To: misterwhite (#93)
#98. To: A K A Stone (#97)
"He wasn't dragged."
#99. To: misterwhite (#98)
#100. To: TooConservative (#95)
#101. To: misterwhite, GrandIsland, A K A Stone (#96)
Now, was he dragged, heels scraping the ground, dangling by one arm? No. Nobody claims that, so stop asking for proof of it.
#102. To: TooConservative (#101)
And a jury will convict him in minutes, not days.
#103. To: A K A Stone, misterwhite, GrandIsland (#100)
One officer sees that another made a serious mistake. So he chimes in with an alibi.
"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.
#104. To: TooConservative, A K A Stone (#101)
(Edited)
#105. To: A K A Stone (#99)
#106. To: TooConservative (#103)
"Grabbing onto something inside the car and refusing to let go is not being "dragged".
#107. To: GrandIsland, misterwhite (#104)
Stone is right tho, a jury may give the officer benefit of the doubt and not convict him... and we'll have another wonderful riot.
#108. To: TooConservative (#101)
"And if he wasn't being dragged, then this was murder."
#109. To: misterwhite (#108)
And will you agree that if his arm was trapped by the driver's arm and the driver was accelerating, the shooting was justified?
#110. To: TooConservative (#107)
"I saw the prosecutor, very calm and deliberate."
#111. To: TooConservative (#109)
"What I see is the cop grabbing the perp's left arm and not letting go"
#112. To: misterwhite, GrandIsland (#110)
#113. To: misterwhite, GrandIsland (#111)
To me, it appears to support Officer Tensing's statement AND Officer Lindenschmidt's statement AND Officer Kidd's statement that his left arm was trapped and he was being dragged.
#114. To: misterwhite (#110)
#115. To: TooConservative (#113)
"Aren't both Lindenschmidt and Kidd suspended from duty right now?"
#116. To: GrandIsland (#114)
"It's hard to prove that somebody didn't see something of did see something."
#117. To: misterwhite (#116)
(Edited)
In my opinion, it raises reasonable doubt that this was a murder.
#118. To: TooConservative (#112)
"That video hurts your case."
#119. To: misterwhite (#115)
Where did you read that? Or are you just making it up?
#120. To: misterwhite, GrandIsland, A K A Stone (#118)
Tensing clearly had no understanding of basic Ohio traffic procedure in this 2014 video. It seems Sexton and Pace were lucky to escape with their lives for having a dragging bumper plate and Driving While Black.
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