CINCINNATI (FOX19) - Hamilton County Prosecutor Joe Deters will meet with the family members of Samuel DuBose before announcing whether his office will retry the ex-cop charged with DuBose's murder.
The family meeting is set for Tuesday morning, Deters told FOX19 NOW's Tricia Macke. Just hours later, Deters is scheduled to announce his decision in the case of former University of Cincinnati Officer Ray Tensing.
Tensing has been tried twice on charges of murder and voluntary manslaughter, but both ended in mistrials.
The press conference is scheduled for 1 p.m. at his office on East Ninth Street. FOX19 NOW will stream the press conference live.
Judge Leslie 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.
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.
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.
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 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.
The DuBose family has been calling for a third murder trial.