Openings statements set in murder retrial of Ohio officer

Alicia Cross
June 9, 2017

Opening arguments are set for Thursday morning at a county courthouse in Cincinnati.

Tensing was a University of Cincinnati officer when he shot DuBose as he tried to drive away from a traffic stop.

Three black jurors and nine white jurors have been chosen to hear former University of Cincinnati police Officer Ray Tensing's murder and manslaughter retrial, over the 2015 fatal shooting of Samuel DuBose. Prosecutors said they would retry Tensing. The lead prosecutor in the first trial said the retrial should be moved after a November hung jury.

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But Prosecutor Stacey DeGraffenreid (de-GRAF'-in-reed) said evidence including body camera video will show Tensing wasn't trapped.

"This all happened so quickly that instinctively Ray Tensing did the only thing he could do to save his own life", Mathews added.

Soon after being seated Wednesday, jurors were taken by bus to the scene where Ray Tensing shot Sam DuBose in 2015. Deters' opening lasted less than 15 minutes, but he provided more details and sharply accused Tensing of telling lies. Usually, jurors in such cases are instructed to consider the lesser charge only if they can not reach a decision on the murder charge. If DuBose had cooperated with Tensing during the stop, he would not be dead, Mathews said. Mathews also said that DuBose had acted suspiciously, possibly because of marijuana later found in his vehicle that could have led to a felony charge.

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