Judge declares mistrial in fatal police shooting of Sam DuBose

At least three jurors found Ray Tensing guilty

Former University of Cincinnati police officer Ray Tensing enters Hamilton County Common Pleas Court to be arraigned on murder charges July 30, 2014 in Cincinnati, Ohio. Tensing pleaded not guilty in the shooting death of Samuel Dubose during a routine traffic stop on July 19. Bond was set at $1 million. ( Mark Lyons/Getty )

A judge in Ohio has declared a mistrial over the fatal police shooting of Sam DuBose, an unarmed black man who was killed by a white deputy after being pulled over for missing a front license plate on his vehicle.

Ray Tensing, the 26-year-old University of Cincinnati officer on trial, fatally shot the 43-year-old DuBose in the head on July 19, 2015. In court, his legal team argued that he feared for his life while DuBose drove away from him. Meanwhile, the prosecution argued that evidence, including the officer’s own body camera footage, debunked his story and his life was not in danger.

The Hamilton County jury, consisting of six men and six women, remained deadlocked after deliberating for 25 hours, Judge Megan Shanahan declared a mistrial, claiming that prosecutors failed to prove Mr Tensing killed Mr Dubose on purpose. While one white female and another black female juror openly wept, the judge said prosecutors failed to prove that the officer acted in a sudden rage or passion, which is required for a voluntary manslaughter conviction.

Mr Tensing, who was fired from his post, remains free after posting one-tenth of his $1 million bond.