Mistrial declared again for ex-cop Ray Tensing, accused in shooting of unarmed black man

Tensing, who is white, fatally shot Sam DuBose, an unarmed black man, in 2015.

June 23, 2017, 3:57 PM

— -- Another mistrial was declared today for a former Ohio police officer who went on trial twice in connection with a deadly traffic stop shooting two years ago.

Former University of Cincinnati police officer Ray Tensing, who is white, fatally shot 43-year-old Sam DuBose, an unarmed black man, after Tensing pulled DuBose's car over near the University of Cincinnati in July 2015. Tensing's body camera video shows him shooting DuBose.

Tensing, now 27, lost his job after the shooting and was charged with murder and voluntary manslaughter. A mistrial was declared at his first trial in 2016.

According to The Associated Press, Tensing and his defense attorney, Stewart Mathews, have argued that, at the traffic stop, DuBose stepped on the accelerator while Tensing's arm was trapped. The defense says Tensing, who pleaded not guilty, was scared DuBose would use his car to kill him, so Tensing acted reasonably to try to stop the threat, The AP said.

Prosecutors, meanwhile, claimed that the video shows that DuBose's car wasn't moving until about one second before Tensing fired his gun, therefore "Tensing wasn't in reasonable fear of his life when he made the decision to shoot DuBose," the AP reported.

This morning, jurors told the judge they were deadlocked, and the judge sent them back to continue deliberations, said ABC affiliate WCPO in Cincinnati. After five days of deliberations, the mistrial was declared this afternoon.

Hamilton County Prosecutor Joe Deters said he will not comment until next week, according to WCPO. ABC News has reached out to Mathews for comment.

According to WCPO, DuBose's family said in a statement through an attorney, "We are outraged that a second jury has now failed to convict Ray Tensing for the murder of our beloved Sam DuBose." The family is demanding another retrial, the statement said.

The Associated Press contributed to this report

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