'Absolutely unwarranted,' lawyer says of cop's indictment

Sharon Coolidge, Kevin Grasha and Dan Horn | The Cincinnati Enquirer

Show Caption Hide Caption Officer's bodycam video released in Dubose shooting Video was released from University of Cincinnati police officer Ray Tensing's body camera of Samuel DuBose's fatal shooting.

CINCINNATI — A University of Cincinnati police officer was indicted Wednesday on a murder charge for fatally shooting a motorist during a traffic stop 10 days ago, but his lawyer called such a severe charge "absolutely unwarranted."

It's the first time a police officer in Cincinnati has been charged with murder for killing someone while on duty. Ray Tensing, 25, faces 15 years to life in prison if he's convicted, and the university's police chief decided to dismiss Tensing from the force immediately.

"Murder is the purposeful killing of another," said Tensing's lawyer, Stewart Mathews. "There wasn't any purpose to kill this fella."

He said he had expected his client to be indicted but on lesser charges in the death of Samuel DuBose, 43, of Cincinnati.

The indictment came after 12 citizens who live in Hamilton County, where Cincinnati is the largest of more than 20 cities and dozens of other communities, reviewed evidence all day Monday as part of a grand-jury investigation into the incident, which has put the city on edge and rekindled worries about the sometimes strained relationship between police and African Americans here.

The incident and developments prompted White House adviser Valerie Jarrett to telephone Mayor John Cranley and offer assistance. Cranley later tweeted thanks to Jarrett, who also used Twitter to offer her prayers for the DuBose family and people of Cincinnati.

The University of Cincinnati shut down its campus and canceled classes Wednesday in anticipation of the announcement. Ohio Highway Patrol troopers were seen arriving on campus by late morning but no violence has been reported. A Black Lives Matter rally in the late afternoon rain downtown consisted of about 100 peaceful protesters.

"He purposely killed him," Hamilton County Prosecutor Joe Deters said of Tensing. "He should never have been a police officer."

Deters said his office reviewed hundreds of police shootings.

"This is without question murder," he said.

Tensing shot and killed DuBose, who is black, after stopping his car July 19 in Cincinnati's Mount Auburn neighborhood for having a missing front license plate. The officer's body camera captured video of the shooting that prosecutors say was crucial to the investigation.

The video reviewed by The Cincinnati Enquirer indicates that DuBose was shot to death after a calm exchange. No violence or physical altercation was shown, and DuBose does not appear to be belligerent or aggressive toward the officer.

Video from the officer’s body camera shows a routine traffic stop turning suddenly violent when DuBose leans toward the passenger seat and turns his ignition key, starting the car. Tensing then reaches into the car with one hand and, with the other, fires a single shot into DuBose’s head.

DuBose's vehicle appears to start moving only after the shot is fired. This is significant because Tensing told authorities he had been dragged by the vehicle.

Tensing was arrested Wednesday and will be arraigned Thursday. He also was indicted on a lesser charge of voluntary manslaughter as an option for jurors during trial.

After the shooting, Chief Jason Goodrich of University of Cincinnati police had said that Tensing spotted DuBose driving without a front license plate near campus and followed him about a half mile.

Tensing asked for a driver's license, which DuBose couldn't produce. DuBose gave the officer an unopened bottle of alcohol instead, Goodrich said.

The two men struggled at the door of the car, and Tensing fired once, fatally striking DuBose in the head, Goodrich said. The car traveled a block farther before coming to a rest on the narrow sidewalk, authorities said.

Many in the community had questioned that version of events.

Deters called Tensing's version of the events "nonsense." He said Tensing was not dragged, as he claimed in the police report, but fell backward after he shot DuBose in the head.

“He wasn’t dealing with someone wanted for murder. He was dealing with someone without a front license plate,” Deters said, describing stopping someone for that offense as “chicken crap stuff.”

Tensing's lawyer said a second video that has not been publicly shared shows the officer on the ground. Mathews, drawing on conversations with his client and the body-camera video from university police Officer David Lindenschmidt who arrived after the incident, shows Tensing getting up from the street and DuBose driving away.

Tensing told Mathews he thought he could knock the keys out of the ignition to stop the car, but his arm got stuck.

"He said, 'I thought I was going to get sucked under the car and run over,' " Mathews said.

Deters did not immediately release the video recording from Tensing's body camera despite a national outcry to see what happened. He showed it to DuBose's family first and released it Wednesday after the indictment was announced.

Holding back the shooting video was a calculated move in part to ensure that the officer's story didn't change with the viewing, Deters said.

“I am pleased we will get some kind of justice,” said Terina Allen, DuBose’s sister.

DuBose's mother, Audrey DuBose, said she feared that prosecutors wouldn’t pursue serious charges because the shooting involved a police officer. She said she’s grateful that authorities were as appalled as she was by the video.

“I’m so thankful that everything was uncovered,” she said. “Everything is being revealed.”

Mark O’Mara, the lawyer representing DuBose’s family, said he was stunned by the video and relieved that prosecutors quickly took the case to the grand jury. He said authorities in Cincinnati have so far handled the case better than many other cities that have dealt with officer-involved shootings in recent years.

“Cincinnati is showing us how to do this right,” O’Mara said.

DuBose was buried Tuesday. Friends and family at his funeral described him as funny, the type of guy that lit up a room and that everyone loved.

Tensing has been a police officer for a little more than four years. He joined the village of Greenhills police force part-time in April 2011. He has been a full-time officer since March 2013.

Tensing was hired full time in April 2014 at the University of Cincinnati. He stayed on with Greenhills police as a part-time officer through December.

Contributing: Jason Williams, The Cincinnati Enquirer

Interaction caught on video

Tensing asks for DuBose's driver's license.

DuBose tells him he has a license. "You can run my name," he said.

"Be honest," Tensing says, suggesting DuBose's license might be suspended.

Tensing asks DuBose where he lives.

"Right around the corner," DuBose says.

"Go ahead and take your seat belt off," Tensing says.

"I didn't even do nothing," Dubose says.

DuBose leans toward the passenger seat.

Without a word, Tensing fires a single shot.

DuBose slumps into the passenger seat.

The car rolls a short distance, stopping at the corner.

Tensing runs after the car.

He looks inside where DuBose is dead.

Then Tensing says, "I think I'm OK. I'm OK. He was dragging me. I thought I was going to get run over."

The video does not indicate Tensing was dragged.