UC officer's attorney expects indictment in shooting

The lawyer for the University of Cincinnati police officer who shot and killed a motorist during a traffic stop almost two weeks ago expects his client to be indicted by a grand jury.

Stew Mathews said "the political climate" in Cincinnati makes it likely Officer Ray Tensing will face criminal charges when the grand jury completes its work sometime this week.

"It wasn’t supposed to happen,” said Mathews, who has seen Tensing's body camera video, which recorded the shooting. "Given the political climate of the situation, I would not be astounded if an indictment is returned. I am hopeful it will not happen.”

Mathews described part of what he saw on the video: The attorney said Samuel DuBose pulled away and at one point Tensing is thrown to the ground.

"Tensing thought he was going to die," Mathews said. "He thought he was going to get run over."

Cincinnati Police Chief Jeffrey Blackwell, who attended DuBose's funeral, said on talk radio Tuesday that Tensing’s body camera video clearly shows what happened and that he expects the video will go national and result in charges against the officer.

On WDBZ radio, Blackwell said pulling over cars with missing front license plates only inflames the community, especially when it is not in the officer’s jurisdiction.

The video has not been made public. Hamilton County Prosecutor Joe Deters said the video is part of a criminal investigation, and releasing it now could taint the grand jury. It won't be shown to the public until the grand jury makes a decision, which he said is likely this week, possibly as early as Wednesday.

The Enquirer and other news organizations have sued for the video's release. But some city officials have said they have been briefed on its contents and are concerned about what they've learned.

Mathews spoke about the case for the first time Tuesday.

The attorney said his client is upset and depressed about the shooting. "He's a police officer who went to work that day to do his job," Mathews said. "He did not go to work that day with intent to be involved with something like this.”

Mathews spoke on the same day DuBose's family celebrated the victim's life at his funeral. Several relatives said they want justice for DuBose, but they also want the community to remain calm no matter what the grand jury decides or what the body camera video shows when it is released following that decision.

"Sam wasn't violent," said Terina Allen, DuBose's sister. "It would completely harm his memory if people were to take that route."

She and DuBose's mother, Audrey DuBose, said the family wants to know what happened and believes the video of the July 19 traffic stop should be released immediately.

"I would like answers and I am not receiving any," Audrey DuBose said. "I haven't been told anything and I think that is terrible."

The family's attorney, Mark O'Mara, said releasing the video would show investigators respect the community and are working in transparent fashion. Instead, he said, "they are hiding behind the antiquated suggestion that we have to protect the evidence."

"The family deserves dignity," O'Mara said. "The family will get dignity and respect when they get answers." O'Mara was the lead defense attorney for George Zimmerman, the Florida man who was acquitted two years ago of the 2012 killing of 17-year-old Trayvon Martin.

Ozie Davis, who leads the nonprofit Avondale Comprehensive Development Corp., said Deters needs to release the video. "Every day he doesn't release it, the charge in the community goes up," Davis said. "He needs to let the video go."

He said he's concerned about the reaction in the community if the officer faces no charges in DuBose's death. "If they don't charge him, it's going to be bad," he said.

Cincinnati Mayor John Cranley said he's confident police are ready for whatever happens this week when the grand jury completes its work.

Cranley said city officials are preparing in two ways: They are making sure police have the resources they need to respond to any protests or unrest, and they are reaching out to community leaders to prevent trouble from getting started.

"I think we're prepared," Cranley said Tuesday, after attending DuBose's visitation before the funeral services. "Everyone has the right to peacefully protest, but we will not tolerate lawlessness."

He said he's optimistic the response to the video and grand jury decision will be civil. He said the city has changed since 2001, when the streets erupted in days of violence after a Cincinnati police officer shot and killed an African-American man, Timothy Thomas, in Over-the-Rhine.

He said the relationship between police and the community they serve is far better today than in 2001. City Hall has open lines of communication with activists, ministers and others whose opinions carry weight in the city's neighborhoods, he said.

"These are personal friends of mine," Cranley said. "We're staying in constant communication."

He said he's also scheduled a private meeting with DuBose's family members. "I want to express my condolences," Cranley said.

The mayor said another significant difference between this shooting and the one in 2001 is that this one didn't involve a Cincinnati police officer. That shooting led to sweeping police reforms and a "collaborative agreement" between community leaders and the city about the future of policing in Cincinnati.

"This is not the Cincinnati Police Department. It's UC," Cranley said. "They will have to face the kind of questions we faced back then."

State Senator Cecil Thomas, who been calling for peace during a recent increase in shootings on city streets, said he has "serious concerns" about the atmosphere in Cincinnati and across the nation.

"We're seeing too many incidents like this," Thomas said. "There needs to be discussion. We're having it now, but it needs to be more focused and directed at solutions."

Correction: Attorney Stew Mathews' first name was misspelled in a previous version of this story.