Prosecutor: Tensing won’t be indicted on lesser charge - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

Prosecutor: Tensing won’t be indicted on lesser charge

(Pool/Cara Owsley) (Pool/Cara Owsley)

Hamilton County Prosecutor Joe Deters says his office can’t bring lesser charges against the former University of Cincinnati Police officer who shot and killed a black man during a 2015 traffic stop.

Some legal experts claim Deters “over-indicted” Ray Tensing on charges of murder and voluntary manslaughter in the death of Samuel DuBose.

But Deters claims his office had no sway in charges handed down by a grand jury.

“He [Judge John West] reviewed all the evidence and he instructed the grand jury. Not the prosecutors. No one from the prosecutor’s office advocated any particular charge. No one," Deters said on 700 WLW radio Wednesday.

Was Ray Tensing offered plea deal? Depends who you ask

It’s been two years since a grand jury looked at the case. Deters told 700 WLW that jurors considered charges of aggravated murder, murder, voluntary manslaughter, reckless homicide, negligent homicide.

After two mistrials, it remains unclear whether Deters will try Tensing for a third time.

It may be too late to re-indict the ex-cop on lesser charges.

“Tensing was indicted on July 29, 2015," Deters said in the radio interview. "We had 270 days to bring previously uncharged crimes and that would have been April 23, 2016. So the first day of the trial was Nov. 1, 2016. Six months before the trial even started we were out of time to charge anything else. That was over, that was totally over.”

Prosecutors asked Judge Leslie Ghiz to add a lesser charge of reckless homicide. The request came in the middle of Tensing’s second trial in June 2017, after the prosecution had rested its case and the defense was poised to begin.

Ghiz denied the motion, saying that was the prosecutor's role, not hers, and prosecutors already had plenty of time to add the charges.

DuBose’s family is calling for a third murder trial.

Deters said during the radio interview Wednesday he will comment on another trial in the coming weeks.

Ghiz set a July 24 court date for prosecutors to appear before her and advise how they plan to proceed after the second mistrial.

That hearing is scheduled to begin at 9 a.m.

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