Story highlights Prosecutor blames "jurors who will not vote to convict a police officer"

University of Cincinnati paid $4.85 million to family of Samuel DuBose

(CNN) After two mistrials for Ray Tensing, the prosecutor in the case said Tuesday he is moving to dismiss the murder indictment against the University of Cincinnati police officer.

Tensing was charged with murder and voluntary manslaughter after fatally shooting Samuel DuBose during a July 2015 traffic stop. The officer testified he shot DuBose because he feared for his life after his left arm became trapped inside DuBose's moving car July 19, 2015.

Samuel DuBose

Saying "there is not a likelihood of success at (a third) trial," Hamilton County prosecutor Joseph Deters said he based his decision on speaking to jurors who declined to find fault in police officers' actions.

"I truly believe in this case or I wouldn't have brought it," he told reporters. "In this case, we have jurors who will not vote to convict a police officer."

"To say that we overcharged (Tensing) is absolutely idiotic," he added.