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Former University of Cincinnati police officer Ray Tensing will not be tried for a third time in the July 2015 shooting death of Sam DuBose, according to Hamilton County Prosecutor Joe Deters.

“After discussing this matter with multiple jurors — both black and white — they said to us that we will never get a conviction in this case,” Deters said at a press conference Tuesday afternoon.

The case has now been referred to the U.S. Attorney’s Office for the Southern District of Ohio for potential civil rights violations. Deters said that the attorney’s office called the prosecutor’s office about taking over the case, and members of his staff met with them about 10 days ago to review the evidence.

“My opinion of this case has not changed from two years ago tomorrow, and it’s not going to change. However, I have an ethical duty as prosecuting attorney of this county, if we believe that we cannot be successful at trial, we have that duty not to proceed,” said Deters.

Tensing shot DuBose in the head after pulling him over for a missing front license plate on July 19, 2015. He has been tried twice in October 2016 and in June. Both trials ended in mistrials after juries were unable to reach an agreement on murder and voluntary manslaughter charges filed against him.

Stephanie Smith was with The News Record since 2015 as staff reporter and digital editor. She was a Scripps Howard Communications Intern at the Cincinnati Youth Collaborative and an editorial resident at Women of Cincy. She graduated in May 2019.