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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: 33595
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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#99. To: misterwhite (#98)
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.
DuBose had marijuana in the car and about $2,600 cash. Explains why he tried to flee. He was going to jail.
She said "paid administrative leave" not "suspended. Dumbkopf.
Not sufficient cause. No judge is going to allow that to be presented to the jury. DuBose was not under suspicion for drugs or DWI when he was stopped.
They are suspended. So what if they are still drawing a paycheck? You'll notice that Tensing was fired immediately. I wouldn't be surprised if the same happens to his two alibi witnesses.
You are not even worth responding to any more.
Given the track record of prosecuting police, such as when one doesn't even get a trial after killing someone for an illegal chokehold, anything is possible. I would not bet too much money in favor of a conviction.
That's pretty obvious... he was a shitbird and he was gonna flee... but we can't shoot people for just being fleeing shitbirds. I'm the infidel... Allah warned you about. كافر المسلح
If you choose to ignore the facts, your response is worthless anyways.
I agree. But if the officer's arm was caught in the car and the driver started to accelerate, was the officer justified in shooting?
Paid suspension is standard and contractual. It has nothing to do with their guilt or innocence. It's kinda like the level of due process we get, criminally. He shouldn't receive punitive damage until AFTER he's found guilty. A constitutional Ideal that the agenda posters hate. I'm the infidel... Allah warned you about. كافر المسلح
You do a lot of that. Making up your own definitions for words.
Paid administrative leave.
Sure.... "But"... If my aunt had balls, she'd be my uncle... and that shit only happens in Sneaky Petes family. I'm the infidel... Allah warned you about. كافر المسلح
"Paid suspension is standard and contractual." Paid administrative leave. Same shit, different day. I'm the infidel... Allah warned you about. كافر المسلح
I would. Any false testimony would need to be pretty blatant. As GI said, it's hard to prove someone lied when they say what they think they saw. I agree with that. Any punishment dealt out to other police over this incident, simply because they were on the scene, strikes me as political, intended to pacify the public and prevent widespread protests. IOW, they are scapegoats, and the ones being thrown under the bus. If I'm right on that, then it could expose political bias on the part of the state doing the prosecution and may compromise the case a little bit against Tensing. Again, statements must be objectively provable lies for any punishment to stand.
The shooter was fired immediately. Which means his own superiors have zero backing for him and his actions. And the two witnessing cops are both suspended. Normally, just witnessing a shooting will not result in a cop being suspended from duty. Something is wrong with these two alibi Kampus Kops. Otherwise they wouldn't be suspended from their official duties and taken off the duty roster.
Once the experts get done with reassembling and dejittering the video and play the chest-cam videos from the three officers in sync for a jury, I think their initial statements will be totally discredited. And that is why they are suspended. If it's going to emerge in the court case that they are known to have filed false police reports and/or are utterly unreliable witnesses, they can't be used by any police force to enforce the laws.
Unless there is reasonable suspicion they will do grave harm to others. Like armed bank robbers fleeing. Or a known violent felon trying to flee a lawful arrest warrant. This victim was a shitbird but he should be in jail, not a grave.
OR if it's going to emerge in the court case that they are terrorists, they'll never get a job. Both are equally likely.
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#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.
#121. To: TooConservative (#120)
#122. To: TooConservative (#119)
#123. To: misterwhite (#121)
DuBose had marijuana in the car and about $2,600 cash. Explains why he tried to flee. He was going to jail.
#124. To: misterwhite (#122)
She said "paid administrative leave" not "suspended.
#125. To: misterwhite (#87)
I posted visual evidence and eyewitness testimony. That's bias?
#126. To: TooConservative (#107)
Tensing is going down. It will be a fairly brief trial too.
#127. To: misterwhite (#121)
DuBose had marijuana in the car and about $2,600 cash. Explains why he tried to flee. He was going to jail.
#128. To: Pinguinite (#125)
"You are not even worth responding to any more."
#129. To: GrandIsland (#127)
"but we can't shoot people for just being fleeing shitbirds."
#130. To: TooConservative (#124)
They are suspended. So what if they are still drawing a paycheck?
#131. To: TooConservative (#124)
"They are suspended."
#132. To: GrandIsland (#130)
"Paid suspension is standard and contractual."
#133. To: misterwhite (#129)
But if the officer's arm was caught in the car and the driver started to accelerate, was the officer justified in shooting?
#134. To: misterwhite (#132)
#135. To: TooConservative (#124)
I wouldn't be surprised if the same happens to his two alibi witnesses.
#136. To: GrandIsland (#130)
Paid suspension is standard and contractual. It has nothing to do with their guilt or innocence. It's kinda like the level of due process we get, criminally. He shouldn't receive punitive damage until AFTER he's found guilty. A constitutional Ideal that the agenda posters hate.
#137. To: Pinguinite (#135)
Again, statements must be objectively provable lies for any punishment to stand.
#138. To: GrandIsland (#127)
... but we can't shoot people for just being fleeing shitbirds.
#139. To: TooConservative (#137)
"If it's going to emerge in the court case that they are known to have filed false police reports ..."
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