FOX19 NOW legal analyst: Country watching outcome of Tensing ret - Cincinnati News, FOX19-WXIX TV

FOX19 NOW legal analyst: Country watching outcome of Tensing retrial

(Cincinnati Enquirer) (Cincinnati Enquirer)
CINCINNATI, OH (FOX19) -

Closing arguments are expected to take place Monday in the Ray Tensing re-trial. The former UC police officer was the last to take the stand Friday. 

Former UC police officer Ray Tensing is charged with murder and voluntary manslaughter for fatally shooting Samuel DuBose during a 2015 traffic stop. After a mistrial last year, Tensing found himself back in court. 

[Tensing testifies: 'I shot him to stop the threat']

"The state goes first and the defense and then the state goes one more time. That's how closing arguments work," FOX19 NOW's Legal Analyst Mark Krumbein said.

The jury will then hear the jury instructions from Hamilton County Common Pleas Court Judge Leslie Ghiz, before deliberation. 

She cautioned them to return to court with two days of clothing to be safe. They will be sequestered while they deliberate if it goes beyond 4 p.m. Monday, she said.

Krumbein said the country will be closely watching.  

"This really has national attention. It's rare that a police officer is charged with a murder. There are racial overtones here," he said. 

To convict Tensing of murder, jurors must decide that he purposely killed DuBose. Murder carries a possible sentence of 15 years to life in prison.

To find Tensing guilty of voluntary manslaughter, the jury would have to conclude DuBose was killed during sudden passion or a fit of rage, carrying a possible prison sentence of three to 11 years.

In a surprise development Thursday, prosecutors asked the judge to let the jury consider a third, lesser charge of reckless homicide.

The judge denied the motion.

Reckless homicide carries a possible sentence of nine months to 3 years in prison.

"The state has to prove beyond a reasonable doubt, if any of these questions are left unanswered beyond a reasonable doubt, then the jury should find him not guilty," Krumbein said. 

He said this jury has a tough job ahead of them.

"The odds maybe increased that the state may get a conviction, on the other hand, the defense had some better witnesses," Krumbein said. 

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