Cincinatti prosecutor has released video of shooting he calls 'the most asinine act' made by a cop

Business Insider ^ | 07/29/2015 | Harrison Jacobs

[ScottWalkerForPresident2016]

A University of Cincinnati police officer was indicted Wednesday on a murder charge in the shooting of 43-year-old Samuel Dubose, an unarmed black man, during a routine traffic stop.

In conjunction with the indictment, Hamilton County prosecutor Joseph T. Deters released a video of the shooting from the body camera of the shooting officer, Ray Tensing.

“This is the most asinine act I’ve ever seen a police officer make,” said Deters during a news conference. “It’s an absolute tragedy in 2015 that anyone would behave in this manner. It was senseless. He lost his temper because Mr. Dubose wouldn’t get out of his car quick enough. When you see this you won’t believe how quickly he pulls his gun. Maybe a second — it’s incredible.”

“It was a senseless, asinine shooting … This office has probably reviewed upwards of 100 police shootings, and this is the first time we’ve thought, ‘This is without question a murder,’” said Deters.

“[Tensing] wasn’t dealing with someone who was wanted for murder, OK? He was dealing with someone who didn’t have a front license plate … This is, in the vernacular, a pretty chicken-crap stop, all right? And – I could use harsher words,” he added.

[Mariner]

As Hamilton County Prosecutor, Mr. Deters was the driving force behind the following important changes in state law to better protect Ohio citizens:

Reduction in time and money to complete capital litigation

Creation of a statewide DNA database

Repeal of the 15 year cap on maximum prison terms

Permit certain juveniles to be incarcerated until age 21

Allow judges to consider a defendant’s threat to the community when setting bail

Made the purposeful murder of a child under the age of 13 a death penalty eligible case

Led the passage of the Daly Bill, which recognizes an unborn child as a person under Ohio’s Criminal Code. Snip... In 1993, Mr. Deters’ office was selected to lead the prison riot prosecutions resulting from Ohio’s Lucasville riot. It was the most successful prison riot prosecution in the nation’s history, with 47 out of 50 defendants convicted and five sent to death row.

Mr. Deters tries many major cases himself and as Hamilton County Prosecutor has never lost a case. Four of these cases involved serial killers:

From:

[ArmstedFragg]

Just as an aside: in Los Angeles, court ordered racially based hiring produced a considerable number of new hires who couldn’t meet the qualifications due to prior interactions with the criminal justice system but were then hired anyway by court order. Just another factor involved.

[DoughtyOne]

I agree on the points you touched on. Thanks for the response. I appreciate it.

[Eagles6]

Too bad prosecutors don't talk about the criminal element this way.

Not saying this was justified by any measure, I have only watched the video on a cell phone but the cop should have been on high alert from the guy's actions.

No front plate=possible stolen car

Nervous

Can't produce a license

Running a line of BS , yeah I got one but I ain't got it on me.

Reaching under the seat

Reaching around in the car

Reaching into the glove box

At this point he asked dubose to take off his seat belt to take him out of the car.

Dubose locks the door so it cannot be opened from outside and either puts it in gear and takes off or it was already in gear.

[DoughtyOne]

I am in general agreement with your comments. I’m not in a position to know the process as well as you do. It makes perfect sense the way you lay it out.

No, I wouldn’t think it a violation of law to reach in the vehicle. I just think it was a big mistake. If the guy drives off, you can follow along or catch him at home later.

Don’t put your life on the line by doing that over a silly license plate issue. And what the officer effectively did here, was put the driver in the position of having to defend himself (unreasonably of course) by doing something pointless and stupid.

It was simply not worth it all the way around.

After watching the video I get the impression that took place very quickly. Having the gun out, you almost wonder if he discharged it by accident, or just blew off a round without really giving it serious thought.

What can you say about his mindset. You can’t say it was unreasoned to feel threatened, but I still think the officer set himself up for that danger.

I agree with your take of going for the most green and vulnerable guy on scene.

Thanks for your comments.

[Talisker]

What none of you see is that Deters is defusing a very tense community situation and preventing riots and therefore saving property and lives - and doing so by simply validating the truth, and making nothing up, thus satisfying the rage of the population.

As for the rest of you going on and on about the so-called perp, you’re all completely irrelevent. The ONLY subject is the cold-blooded murder of that man. Show some damn humanity at least ONCE over a cop subject, and leave the jackboot-licking off ONE thread. Jeez!

[DoughtyOne]

Look, the law is the law. The front plate can be very important when trying to spot a felon by auto description, then verifying with the plate.

Child abductions or other things, it’s just a reasoned thing to have that plate there.

If a person doesn’t want to subject themselves to such a stop, keep the plates on.

If someone drives by your home and hits someone, don’t you want the neighbors to be able to check out the front plate?

It is reasoned to stop a guy and have this conversation with them.

[MarMema]

Yep. That was murder.

[ctdonath2]

Didn’t say it was.
But it sure wasn’t just a missing plate.

[Shimmer1]

I agree with having a plate on the front, if that’s the law, then have it. But really. Entire states, many states, I think MOST states, don’t have front plates, so let’s not pretend they are imperative.

[arthurus]

He thought he was going to be sucked under the car . . .

???

[JimRed]

After the other 300+ thread on this topic, cue the facepalm “not this s#it again” guy.

[DoughtyOne]

I agree that following the law is the best thing to do here.

I do believe front plates are very helpful. You can’t see a back plate unless you’re right behind the car. You can see the front as they pass you. In slow traffic, that’s very helpful.

Decided to see if I could find the number of states requiring front plates and instead found this list of them that don’t. I thought you brought up an interesting point.

Note that the ones that don’t are almost all lower population states. Florida is the one exception.

A large percentage of the national populace is required to have front plates.

From the site...

- - - - -

Do All States Require Both Front and Rear License Plates?

No. 31 states require both front and rear license plates, while the remaining 19 only require rear license plates. Automobile manufacturers are prohibited by law from distributing cars with only one license plate in states that require both.

The 19 states that require only the rear license plate are:

Alabama
Arkansas
Arizona
Delaware
Florida
Georgia
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
New Mexico
North Carolina
Oklahoma
Pennsylvania
South Carolina
Tennessee
West Virginia

http://www.legalmatch.com/law-library/article/license-plate-laws.html

[Shimmer1]

Thank you, I am not debating the better way, just saying that not having them is perfectly acceptable in so many places.
Thank you for your efforts.

[DoughtyOne]

Thanks for your response.

[marktwain]

It does not look like murder to me.

Maybe I did not see the same video.

I do not hear shots until the officer is being dragged along.

Is there something that I am missing?

[DoughtyOne]

MarkTwain, I’m not convinced beyond a shadow of doubt that it is murder one. What I am convinced of is that this officer used very poor judgment. That judgment resulted in the death of this individual.

Granted it’s easier for me to sit here and evaluate than it was for him, but he should have known better than to reach into that car. Once he did, it instantly escalated it to a life and death situation.

This guy was afraid. He was a flight risk, not because he hated the officer, but because he was afraid. Now he’s dead simply because he was afraid.

Perhaps he had a reason to be. All we can tell with the video was that he was complying with the officer. He wasn’t visible angry or out of control. His demeanor was one of respect and compliance.

Once he didn’t have his papers, he became very afraid. At that point the officer had choices to make. The primary one was, “Do I reach into the car and instantly turn this into a life and death situation?”, or do I allow this guy to run and capture him later at home?

Run the license plate. Send cars to the home. Pick the guy up later.

He could have followed at a safe distance too. Don’t approach the guy and let him drive until empty thinking he had avoided the police.

I hate to see a guy killed in this type of circumstance. If he had been threatening the officer, belligerent, combative...

This guy may have a long rap sheet, but the offenses could have all been non-violent.

It just seem strange to watch what seems like a ding-bat Black “good old boy” have his life ended over something like this.

I will tell you, if you’re in that situation and pull your feet up and put your knees into the side of the car, your legs aren’t going under the car. Grab the steering wheel and pull the care off the street. Don’t kill the guy.

The guy could have had gun handy too, so who knows.

I hated to see a guy with that demeanor wind up dead. I’m usually a fairly strident defender of officers, but his just seems like the worst possible outcome, and I don’t think the driver was the only one making poor choices here.

[marktwain]

“I hated to see a guy with that demeanor wind up dead. I’m usually a fairly strident defender of officers, but his just seems like the worst possible outcome, and I don’t think the driver was the only one making poor choices here.”

I agree that the death was unnecessary. It was a poor tactical move to reach into the car, but it likely was “encouraged” by the fact that the offender seemed to be somewhat compliant.

The fact that he was *not* compliant, held the door closed, and then started driving off, was certainly instrumental in the end result.

Murder One? Not even close. Where is the premeditation?

Murder two? Maybe

Manslaughter — Could be.

Justified - Have to wait until trial and see what all comes out.

As to the fear of the driver, what was he afraid of? Being ticketed? Having the car towed?

I am seriously attempting to determine the source of the driver’s fear, outside of being held accountable for criminal activity, even if minor.

The officer appeared to be very courteous until the driver refuses to follow commands.

Certainly a bad situation, but I do not see any case for Murder 1.

[DoughtyOne]

We’re in general agreement, and I never support a guy driving off like this. My decision is based on the known offense, and whether this guy looks like a big enough threat to the community to be shot dead.

Sometimes you have to back off rather then escalate the situation to the point of taking a life.

To be clear once again, the driver is ultimately the person who escalated the situation, but it is the trained officer that should have found a way to neutralize it short of the death of the man.

If you’re dealing with an armed belligerent felon, by all means take the guy out. This wasn’t that guy.

Thanks for the comments.

[usconservative]

Before long we’ll have the Barney Fife rule, for real

Before long, the US Supreme Court will deem punishment for a crime violates a perpetrator's civil rights at the rate this country is swirling the drain........