CINCINNATI (FOX19) - The former University of Cincinnati Police officer who shot and killed a motorist during a traffic stop will not be tried for a third time.
Hamilton County Prosecutor Joe Deters announced his decision against a retrial Tuesday - just a day shy of the two-year anniversary of Sam DuBose's death.
Tensing, 27, has been tried twice on charges of murder and voluntary manslaughter, but jurors could not agree on an outcome.
Both ended in mistrials.
"This has been the most difficult decision of my career," Deters said.
The prosecutor met with DuBose's relatives before making his decision public.
He said they was upset and described their reaction as "horrible."
The Department of Justice is reviewing the case and could bring federal civil rights violations against Tensing, Deters said.
Federal agents reached out to the prosecutor's office after the second mistrial.
Prosecutors met with federal authorities to go through evidence about 10 days ago, Deters said, adding that he's hopeful they pursue a case against Tensing.
"They [Department of Justice] could admit evidence that we could not before," Deters said, referring to the judge's decision to ban a controversial piece of evidence.
In the second trial, prosecutors were prohibited from showing jurors the "Great Smokey Mountains" T-shirt depicting the Confederate flag Tensing wore under his police uniform the day he shot and killed DuBose.
"I think we could try this case 100 times and it would probably turn out the same every time," said Tensing's Attorney Stew Mathews.
Prosecutors spoke with multiple jurors from both cases before deciding against a third trial.
Deters says his office can't bring lesser charges against Tensing.
Some legal experts claim Deters "over-indicted" Tensing on charges of murder and voluntary manslaughter.
On Tuesday, Deters called those allegations "absolutely idiotic."