CINCINNATI, OH (FOX19) - Ray Tensing will be retried on charges of murder and voluntary manslaughter in the shooting death of Samuel DuBose, Hamilton County Common Pleas Court Judge Megan Shanahan ruled Monday.
She refused a defense request to acquit the former University of Cincinnati police officer and then recused herself from the case.
Hamilton County Common Pleas Court Judge Tom Heekin will take over. He was appointed earlier this year and then re-elected.
Hamilton County Prosecutor Joe Deters asked for the retrial after Shanahan declared a mistrial on November 12 with the jury hung on both counts.
The judge began court Monday with testimony related to media requests for juror questionnaires from the first trial.
She ruled shortly after 10:30 a.m. the questionnaires would be released by the end of business Tuesday, once the names and jurors were redacted.
FOX19 NOW would never publicize the identity of the jurors in this case or in any other case unless the jurors wanted to.
Last week, Deters announced he would request a retrial on the same charges and seek a change of venue to move the case out of the county.
He said he felt it was near impossible to find a jury that hadn't heard details of the case or formed an opinion.
It is rare for a prosecutor to request a change of venue. Deters said he would like to see the trial occur in either Columbus or Cleveland.
But now that the judge has recused herself, it's not clear when the change of venue issue will be decided.
Tensing's attorney, Stew Mathews, requested a change of venue for the first trial. Shanahan denied that once the jury was seated.
Mathews wanted the judge to acquit Tensing and is leaning against Deters' request to move the trial out of the county.
Tensing, 27, tearfully testified during the first trial he fatally shot DuBose, 43, during a traffic stop near campus in Mt. Airy in July 2015 because his arm was stuck in DuBose's car after he tried to stop him from driving away by grabbing the car keys.
Tensing said on the stand he thought DuBose was going to run him over and kill him.
Deters, however, has insisted since he announced Tensing's indictment 10 days after the incident that Tensing is a "murderer."
When Deters announced last week he would request a new trial on the same charges, he said: "We are seeking justice. It is my belief that Sam DuBose was murdered. Period. Sam, according to a lot of accounts, was a good guy. He was in trouble a lot, but that doesn't make his life any less relevant or have less value.
"I have said a million times: In the country that I love, you don't get shot in the head for pulling over in a traffic stop and that's what happened here. It troubles me deeply that happened."