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A second mistrial declared as jury deadlocks in US cop's murder retrial

A second mistrial was declared Friday in the case of a white University of Cincinnati officer who killed an unarmed black motorist during a traffic stop.

It's the latest racially charged police shooting case to show the reluctance of US jurors to convict officers.

Hamilton County Judge Leslie Ghiz declared a mistrial after more than 30 hours of jury deliberations over five days.

The jurors had said earlier Friday that they were unable to reach a verdict in Officer Ray Tensing's trial, but Ghiz had sent them back to try again on the counts of murder and voluntary manslaughter.

Ray Tensing reacts as Hamilton County Common Pleas Judge Leslie Ghiz declares a mistrial. Source: AP
Ray Tensing reacts as Hamilton County Common Pleas Judge Leslie Ghiz declares a mistrial. Source: AP

Instead, they sent her another note some three hours later, saying: "We are almost evenly split regarding our votes."

The note said they didn't foresee reaching a unanimous verdict.

Tensing looked down, his hand on his face, as the judge announced the mistrial over the death of 43-year-old Sam DuBose, who was shot in the head while driving away from the traffic stop on July 19, 2015. Tensing and his family left quickly without comment.

Sam DuBois was shot and killed during a traffic stop. Source: Supplied
Sam DuBois was shot and killed during a traffic stop. Source: Supplied

The first trial against the 27-year-old Tensing also ended in a mistrial after the jury deliberated 25 hours over four days in November without reaching a verdict.

The case is among several across the country in recent years that have raised attention to how police deal with blacks.

A jury last week acquitted a Minnesota officer who fatally shot Philando Castile during a traffic stop.

Audrey DuBose, right, mother of Sam DuBose, looks at the jury as Hamilton County Common Pleas Judge Leslie Ghiz declares a mistrial in the retrial of Ray Tensing Friday. Source: AP
Audrey DuBose, right, mother of Sam DuBose, looks at the jury as Hamilton County Common Pleas Judge Leslie Ghiz declares a mistrial in the retrial of Ray Tensing Friday. Source: AP

And jurors on Wednesday acquitted a black police officer of first-degree reckless homicide in the death of a black Milwaukee man who threw away the gun he was carrying during a brief foot chase after a traffic stop.

The NAACP of Cincinnati blasted the hung jury result and said they will demand justice.

"The message that is being sent is, if you are black, all the police officer has to do is say they were in fear of their life and they get away with murder because the victim (is) black," the local NAACP said in a statement.

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Prosecutors will have to decide whether to try Tensing for a third time. A spokeswoman for the county prosecutor, Joe Deters, said he won't comment until next week.

The University of Cincinnati fired Tensing last year after his indictment. It restructured its public safety department and made other policing reforms.

The university reached a $5.3 million settlement with DuBose's family, including free undergraduate tuition for DuBose's 13 children.

To convict Tensing of murder, jurors had to find he purposely killed DuBose. The charge carries a possible sentence of 15 years to life in prison.

The voluntary manslaughter charge means killing during sudden passion or a fit of rage. That carries a possible sentence of three to 11 years.