Prosecutor's Office expects to hand case to grand jury end of next week

Ray Tensing, photo provided
Ray Tensing, photo provided

CLIFTON, OH (FOX19) - Hamilton County Prosecutor Joe Deters has set a goal to finish the assessment of the fatal shooting of an unarmed black man by a white University of Cincinnati police officer.

"If all goes as anticipated, I expect the Hamilton County Prosecutor Officer's assessment of this to be completed by Wednesday, July 29," Deters said. "Our goal is to complete all presentation to the grand jury by the end of next week."

Deters has also said the prosecutor's office is not aware of any building surveillance that captures the July 19 shooting of Sam DuBose.

The demands are intensifying for Hamilton County Prosecutor Joe Deters to release body camera footage from the camera that University of Cincinnati Police Officer Ray Tensing was wearing when he shot Sam DuBose.

Hamilton County Prosecutor Joe Deters says the law supports the choice to keep the video private.

In a statement, Deters says, "The law supports our position not to release the video.  If you do not want to look at the law and just use your common sense, it should be clear why we are not releasing the video only a few days after the incident occurred."

The statement continues with Deters saying, "We need time to look at everything and do a complete investigation so that the community is satisfied that we did a thorough job. The Grand Jury has not seen the video yet and we do not want to taint the Grand Jury process.  The video will be released at some point - - just not right now."
But, despite his vow to release the video footage from the body camera, some are pushing for its immediate availability.

"The truth shall set him free.  We can let go of him if they give us what we need to see to let us know what happened," said Ebony Johnson, a cousin of DuBose.

In an incident report released on Thursday, it confirms that Tensing was wearing a university-issued body camera during the incident.  Investigators say Tensing fired a single shot that hit DuBose in the head.

"Let us see what happened.  It's unfair to say he should be indicted and we don't really know what happened.  It's also unfair to say the officer should not be indicted, and we don't know what happened," said Bishop Bobby Hilton, who is president of the local chapter of the National Action Network.

Hilton tells FOX19 NOW that a request has been made of the Department of Justice to provide oversight of the case to "assure the community and the family that a fair process and examination is taking place."
Body camera footage could tell more of the story.

But, FOX19 NOW's legal analyst, and ex-prosecutor, Mike Allen, says releasing the video could hurt the justice process.

"The primary duty is to do justice, and present that matter to the grand jury in a fair and impartial manner," Allen said on Thursday.

On Thursday night, the call for justice and the video's release has hit the streets.

"We want him to be charged for the murder of killing Sam DuBose and taking him away from his family," said Teaya Edwards, who is the co-chair of Black Lives Matter Cincinnati.

Black Lives Matters members are canvassing city neighborhoods campaigning for a rally this weekend in the name of Sam DuBose.  On Thursday, some members handed out flyers for the event in the area around the University of Cincinnati near the shooting scene.

"The family deserves this.  They deserve answers," said Edwards.

As it pertains to the release of the video, on Thursday Santa Ono, president of the University of Cincinnati, tweeted, "I have encouraged the Hamilton County Prosecutor to share the incident video with Samuel DuBose's family in view of their requests."

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