CINCINNATI (FOX19) - The Department of Justice will review the case of a former University of Cincinnati police officer who shot and killed an unarmed motorist in 2015.
The U.S. Attorney's Office made the announcement Tuesday after Hamilton County Prosecutor Joe Deters revealed he won't seek a third trial for Ray Tensing.
Deters' staff has already met with federal investigators and turned over evidence in Tensing's case, the prosecutor said.
Federal charges would be different than the state charges and would contain different elements. Some evidence left out of the state trials could be allowed in a federal court prosecution.
"The United States Attorney's Office will now undertake to acquire and review the evidence from the state court trials in order to assess whether there are possible federal civil rights offenses warranting investigation and potential prosecution," read a statement from the U.S. Attorney for the Southern District of Ohio.
Deters supports a potential federal 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 case.
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 Samuel DuBose.
Despite that, jurors in the second trial still discussed the shirt during deliberations, according to Defense Attorney Stew Mathews.
Tensing could be tried in federal court under the "deprivation of rights under color of law" statute , Deters said. The DOJ defines that as:
Tensing fatally shot DuBose during a July 2015 traffic stop. He's been tried two times for murder and voluntary manslaughter. Both ended in mistrials.