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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: 40315
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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#32. To: misterwhite (#12)
Which means he should stick with it. 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? 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. 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. 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.
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?
There are two videos which support his statement that he was dragged and now two eyewitness cops who agree. Now, the word "dragged" may not be the best word to describe what happened. I believe his left arm was in the car and that it got jammed on something when the driver started to pull away. Fearing he may be dragged, he fired then extricated himself. Some people have examined the video and claim (according to his lawyer) that he was on the ground 20 feet away from the initial stop. If that's true was he justified in shooting?
Sure. I deal in facts, not feelings.
You mean like getting up in the morning and going to work? "What would he reasonably hope to accomplish by sticking his arm into the car, especially when dealing with only a traffic violation?" I don't know. My guess is that he was reaching in to shut off the car. Why did the driver try to flee the scene if this was "only a traffic violation"? "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." "Dragged" is probably not the best word. As the car started to pull away, I think his arm may have jammed on the steering wheel and he thought he was going to be dragged. He could have shuffled alongside in this short period. People who have examined the video say he was on the ground 20 feet away from the initial stop. That's not far, but still. "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." Translation: HE didn't say that and anyways he lied. To cover up for a campus cop. He could have said, "That may be true but that's not what I saw." Or he could have kept his mouth shut. He didn't. And according to his lawyer, there are now two cops who support that statement. He's being railroaded by a prosecutor making inflammatory comments in public statements.
He didn't. He told him what happened and the cop said, "Yeah. I saw that." "So that means he was just agreeing to collude in an alibi for a bad shooting" Really? Jeopardizing his career for a campus cop? He didn't have to say anything. "after shooting someone in the head over a missing front plate." That's why he was shot? For a missing front plate? I thought that's why he was pulled over.
What did he do, thread his arm through (and around) the steering wheel or the headrest or stick his hands down the driver's pants or something? You're just making stuff up now.
Are you suggesting the cop would have shot him anyway just for driving past? Of course not. And, yes, he did get shot as a direct result of being stopped for a missing front plate. If there was an outstanding warrant for a serious crime, maybe that would have justified shooting him when he attempted to flee, like an armed robbery or murder warrant. But the crime would have to be serious to allow for such a shooting of a driver for whom the cop/executioner had no actual ID to search for warrants on.
He reached in to try and grab the driver with his left hand/arm... drew his service weapon with his right hand... and as the driver was going to drive off... in that quick instant and excitement, he shot the fucker in the head... and fell backwards after firing the gun... with the driver dead and slumped to the passenger side, the car rolled forward until it struck a pole on the corner (low speed collision) That's what his chest cam shows. I'm the infidel... Allah warned you about. كافر المسلح
You would not believe how many cars I see on a daily basis in Ohio that don't have a front license plate, I counted over 30 on my way home from work yesterday.
That's what his chest cam shows. That's my take too. But the chest cam is jumpy, leaving room for some doubts. I didn't download the clip directly so I could step through it frame by frame. Even a chest-cam only helps so much in a fluid situation. The investigators will be looking at things more in-depth. There are always intangible human elements. Still, it looks like a bad shooting based on what we've seen and read so far.
In most states, not having a front plate is an invitation for a cop to stop you.
Only a rear license plate is required in my state of Kentucky. Edit: And I've never been stopped while driving in many other states.
Don't know. Is that important? Or will it suffice simply to say his arm was stuck and he thought he was going to be dragged to his death?
Then I can say he got shot as a direct result of getting out of bed that morning. You're as bad as Deckard with your "he was shot because he had a missing front plate". "But the crime would have to be serious to allow for such a shooting of a driver for whom the cop/executioner had no actual ID to search for warrants on." Is the crime of "dragging an officer to his death" serious enough?
He had just asked the driver to remove his seat belt. The driver refused. It's possible he was reaching for the seat belt release, not the driver. "in that quick instant and excitement, he shot the fucker in the head... and fell backwards after firing the gun..." So he should have fallen where he stood, correct? Not 20 feet further down the street? "That's what his chest cam shows." More like what you see in the video recorded by the chest cam.
And here I thought they were going to be the be-all, end-all solution. A dash cam would have been better.
Given that none of Ohio's border states requires a front license plate, it could very well be that those cars were from a neighboring state.
There is case law that allows an out of state vehicle, properly registered with one plate to be able to drive in another state that requires two. In my 20 years, I never stopped an out of state vehicle for having one plate. However, for many many reasons, I feel its better to require a front and rear plate. I think all states should require it... and I now live in a one plate state. I'm the infidel... Allah warned you about. كافر المسلح
Then those prison workers would have to work twice as hard if there was a two plate requirement. I've lived in places that required two plates. One plate makes sense to me. It made sense to the dead guy in Cincinnati too.
It seems like a relevant detail and, if there was evidence to support the claim, then his attorney should have been poisoning the jury pool as much as possible with such a claim. Yet no evidence or claim is made. You have a serious problem defending this guy, much as his attorney will, because all the evidence points toward him and nothing that exonorates him or justifies this shooting has surfaced, despite multiple video cams. And a black man is dead after trying to flee a ticket on a missing plate violation. Do you think it is justified to shoot a black man for not having a license plate, misterwhite, even if they try to flee the cop?
It is bad procedure to start manhandling someone sitting their car. The police should order them out of the car, not try to start scuffling with a driver behind the wheel. Or maybe you're happier if they just put a bullet in their head for not having a front plate and fleeing the fuzz? In a country as monumentally lawless as America has become in the Obola era and you want to enforce minor traffic laws to support taxfeeders to the extent of capital punishment for a missing plate?
You can be. LegalMatch.com: License Plate Laws No. 31 states require both front and rear license plates, while the remaining 19 only require rear license plates. Automobile manufacturers are prohibited by law from distributing cars with only one license plate in states that require both. The 19 states that require only the rear license plate are: Therefore if your state requires both front and rear plates, you should make sure that both are displayed and your registration is current. It's likely that most used cars end up in the same state they were sold in originally and, if not, they are still fairly likely to end up in a state with similar plate laws. I assume this is one of those full-faith-and-credit cases where states are required to legally honor the recognized and lawful plating practices of other states. So if you take your licensed rear-plate-only vehicle to a two-plate state, they can't stop and ticket you for violating their state law because your vehicle is registered lawfully in your home state. A consequence of states' rights. You have a "right" to have your lawfully licensed vehicle and its single plate on the roads of other states. And it is not probable cause to stop you for not having a front plate.
That makes sense. Was Samuel DuBose driving an out of state vehicle?
I have no clue. I'm not investigating his death. I'm happily retired. I'm the infidel... Allah warned you about. كافر المسلح
Since the cop approached from behind the car, he would have observed the plate's state designation. It seems unlikely he would be trying to enforce the proper licensure of a vehicle from another two-plate state. So we can assume 1) he saw it was an in-state rear plate and 2) that it was missing the required front plate. Otherwise, nothing he said to the victim would have made any sense and he wouldn't have had any kind of probable cause for a stop. It seems very unlikely he wouldn't have tried to give a ticket for a car being improperly plated from another state. He said nothing about it being an expired rear plate either. May as well flag Gatlin, maybe he's ready to return to LF.
Nothing so far contradicts his story beyond a reasonable doubt. "You have a serious problem defending this guy" A first-year law student could successfully defend this guy ... assuming he gets a fair trial and an impartial jury -- both of which seem unlikely. "Do you think it is justified to shoot a black man for not having a license plate, misterwhite, even if they try to flee the cop?" No I don't. 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? Why did he flee the police for a mere license plate violation? By doing that, he turned a simple warning into a felony.
It appears he had two plates, but only one on the car. http://www.cincinnati.com/story/news/2015/07/30/winburn-dump-front-license-plates/30900975/ http://www.cincinnati.com/story/news/2015/07/29/publish/30830777/ [...] [Hamilton County Prosecutor Joe] Deters said Tensing's actions during the traffic stop show that "he never should have been a police officer." He said UC could not have known if Tensing was a bad officer when he was hired, but he also suggested the university should get out of the law enforcement business. Deters, a UC graduate, said the city of Cincinnati should take over campus patrols and the UC police force should be disbanded. "They're not cops," he said of UC police. "Being a police officer shouldn't be the role of this university."
Be that as it may, we've seen other videos where the individual was dragged from the car by the police. Usually accompanied by a post from you decrying police brutality. "Or maybe you're happier if they just put a bullet in their head for not having a front plate and fleeing the fuzz?" I note you've now added "and fleeing the fuzz". When you add "and dragging a cop" I'll answer your question in the affirmative.
Oh. I thought maybe you brought up that point because it was relevant. My bad.
Did he have one in the glove box or did he SAY he had one in the glove box? Keep in mind he SAID he had a driver's license.
All but 2 had Ohio plates on the back of the car and most of them didn't even have a place to mount a front plate. I've had a Dallas Stars plate over the front license plate on my Olds for the last 9-10 years and have never been told by the cops to get rid of it. Interesting the victim had the other plate in the glove box. An actual mall cop. : )
You're just making stuff up because you're trying to defend the indefensible. What, you've sunk to licking the jackboots of a mere
Assuming you live in Texas, it's an open invitation for any cop to stop you at any time. Automatic reasonable suspicion. You might get away with a tail light being out for ten years in some jurisdictions. But you are still a moving target for any cop that feels like writing a ticket or looking into you and your affairs much more closely.
I did from 89-00, have been back home in Ohio ever since. Personally I don't really think the cops here worry about the single plate that much unless the have another reason for stopping you... But they can stop you at any time for that one violation. Maybe they need a higher ticket count. Maybe they just don't like your mug. You've opened the door to a ticket and a fine. Automatic cause for a stop, any time they want.
And Mr. Deters is pretending to be a County Prosecutor. He'd better watch his mouth or he's going to end up being disbarred like Mr. Nifong.
I answered your question. Are you going to answer mine?
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Top • Page Up • Full Thread • Page Down • Bottom/Latest Perhaps. But it is consistent with his story.
Caught in the steering wheel? Perhaps the driver grabbed his arm?
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?
#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."
#34. To: GrandIsland (#30)
"Without anything other than the word of the officer and the word of s shitbird"
#35. To: Don (#29)
"I have a problem understanding your mental processes. You wouldn't care to help me out with that, would you?"
#36. To: Pinguinite (#32)
"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."
#37. To: TooConservative (#33)
"If someone is actually being dragged by a car, you don't have to ask them."
#38. To: misterwhite (#34)
Now, the word "dragged" may not be the best word to describe what happened. I believe his left arm was in the car and that it got jammed on something when the driver started to pull away. Fearing he may be dragged, he fired then extricated himself.
#39. To: misterwhite (#37)
That's why he was shot? For a missing front plate? I thought that's why he was pulled over.
#40. To: TooConservative (#38)
What did he do, thread his arm through (and around) the steering wheel or the headrest or stick his hands down the driver's pants or something?
#41. To: TooConservative (#39)
“Let me see which pig "DON'T" I want to vote for, the one with or without lipstick??" Hmmmmm...
#42. To: GrandIsland (#40)
He reached in to try and grab the driver with his left hand/arm... drew his service weapon with his right hand... and as the driver was going to drive off... in that quick instant and excitement, he shot the fucker in the head... and fell backwards after firing the gun... with the driver dead and slumped to the passenger side, the car rolled forward until it struck a pole on the corner (low speed collision)
#43. To: CZ82 (#41)
You would not believe how many cars I see on a daily basis in Ohio that don't have a front license plate, I counted over 30 on my way home from work yesterday.
#44. To: TooConservative (#43)
(Edited)
#45. To: TooConservative (#38)
"What did he do, thread his arm through (and around) the steering wheel or the headrest or stick his hands down the driver's pants or something?"
#46. To: TooConservative (#39)
"And, yes, he did get shot as a direct result of being stopped for a missing front plate."
#47. To: GrandIsland (#40)
"He reached in to try and grab the driver with his left hand/arm..."
#48. To: TooConservative (#42)
"Even a chest-cam only helps so much in a fluid situation."
#49. To: CZ82, Too Conservative (#41)
"You would not believe how many cars I see on a daily basis in Ohio that don't have a front license plate"
#50. To: misterwhite (#49)
#51. To: GrandIsland (#50)
However, for many many reasons, I feel its better to require a front and rear plate.
#52. To: misterwhite (#45)
Don't know. Is that important? Or will it suffice simply to say his arm was stuck and he thought he was going to be dragged to his death?
#53. To: misterwhite (#47)
He had just asked the driver to remove his seat belt. The driver refused. It's possible he was reaching for the seat belt release, not the driver.
#54. To: Fred Mertz (#44)
Edit: And I've never been stopped while driving in many other states.
Do All States Require Both Front and Rear License Plates?
#55. To: GrandIsland (#50)
"There is case law that allows an out of state vehicle, properly registered with one plate to be able to drive in another state that requires two."
#56. To: misterwhite (#55)
Was Samuel DuBose driving an out of state vehicle?
#57. To: misterwhite, GrandIsland, Gatlin (#55)
(Edited)
That makes sense. Was Samuel DuBose driving an out of state vehicle?
#58. To: TooConservative (#52)
"and nothing that exonorates him or justifies this shooting has surfaced, despite multiple video cams."
#59. To: misterwhite, GrandIsland (#55)
Was Samuel DuBose driving an out of state vehicle?
"DuBose had the front plate in his glove box and is seen on a video recording of the traffic asking the officer if it was illegal not to have one."
Although Tensing works for UC and the stop occurred about a half-mile from campus, the university's officers are permitted to patrol in areas where many students live off campus.
#60. To: TooConservative (#53)
"It is bad procedure to start manhandling someone sitting their car."
#61. To: GrandIsland (#56)
"Was Samuel DuBose driving an out of state vehicle?"
"I have no clue."
#62. To: nolu chan (#59)
"DuBose had the front plate in his glove box"
#63. To: misterwhite, Too Conservative (#49)
Given that none of Ohio's border states requires a front license plate, it could very well be that those cars were from a neighboring state.
“Let me see which pig "DON'T" I want to vote for, the one with or without lipstick??" Hmmmmm...
#64. To: TooConservative (#43)
“Let me see which pig "DON'T" I want to vote for, the one with or without lipstick??" Hmmmmm...
#65. To: nolu chan, GrandIsland (#59)
[Hamilton County Prosecutor Joe] Deters said Tensing's actions during the traffic stop show that "he never should have been a police officer." He said UC could not have known if Tensing was a bad officer when he was hired, but he also suggested the university should get out of the law enforcement business.
#66. To: misterwhite (#60)
Be that as it may, we've seen other videos where the individual was dragged from the car by the police. Usually accompanied by a post from you decrying police brutality.
college mall cop?
#67. To: CZ82 (#64)
I've had a Dallas Stars plate over the front license plate on my Olds for the last 9-10 years and have never been told by the cops to get rid of it.
#68. To: TooConservative (#67)
Assuming you live in Texas
“Let me see which pig "DON'T" I want to vote for, the one with or without lipstick??" Hmmmmm...
#69. To: CZ82 (#68)
Personally I don't really think the cops here worry about the single plate that much unless the have another reason for stopping you...
#70. To: TooConservative (#65)
"An actual mall cop."
#71. To: TooConservative (#66)
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