Cincinnati LEO charged with murder in shooting.

Happens very fast. It almost seemed like a possible ND to me.

Hamilton Country Prosecutor Joseph T. Deters announced Wednesday afternoon that murder charges will be filed against University of Cincinnati police officer Ray Tensing for the shooting death of Sam Dubose, an African-American man who was pulled over for a minor traffic violation.

Prosecutor Deters, himself a two-time graduate of the University of Cincinnati, said he was treating officer Tensing as “a murderer,” calling his shooting “the most asinine thing” he’d ever seen on the job.

Dubose was shot directly in the head by Officer Tensing.

“He wasn’t dealing with someone who was wanted for murder, he was dealing with someone who didn’t have a license plate,” Deters said. “If he’s rolling away let him go, don’t shoot him in the head. It was… a chicken-crap pull over [to begin with]”

The long-time prosecutor was unequivocal, “It’s bad what he did and it shouldn’t have happened.” He went on to say Hamilton Country authorities would seek life in prison.

The initial police report by UC police said the officer was dragged by Dubose. The video shows that Tensing simply fell backwards after discharging his weapon at Dubose’s head.

Vid:

http://www.alternet.org/breaking-prosecutors-release-video-sam-dubose-shooting-file-murder-charges-warning-graphic-video?sc=fb

I’m not able to get it to go slow enough to do individual frames, but it looked to me like the officer reached into the vehicle to prevent him from putting the car in gear and driving off - at one point on the video both of the officer’s hands were in the picture frame, so it is apparent he didn’t have his weapon out all the time.
We don’t know when or why the officer drew his weapon.

The makeup of the human brain is extraordinary, we are capable of reacting quicker than rational thought. My take is that the officer registered alarm at the thought/perception of being pulled by the car and his brain quickly cycled through available options of what to do, seizing on shoot the driver as an appropriate action. (This response is accurately and artfully described by Sebastian Junger in his book WAR. I’ve include the excerpt at the end of this post so as not to detract.)

The missing piece for me is the quick weapon presentation, why did he have the weapon out, or did he merely have his hand on the holster and present it that fast?

In any event, from my perspective he is over-charged, he is responsible for his actions, but I would not be surprised if after expert testimony the charges drop to the Ohio crime which involves negligent death by accident.

Read Junger:

"Humans evolved in a world where nothing moved two thousand miles an hour, so there is no reason for the body to be able to counter that threat, but the brain still had to stay ahead of the game. Neurological processes in one of the most primitive parts of the brain, the amygdala, happen so fast that one could say they compete with the bullets. The amygdala can process an auditory signal in fifteen milliseconds - about the time it takes a bullet to go 30 feet. The amygdala is fast but very limited; all it can do is trigger a reflex and wait for the conscious mind to catch up. That reaction is called a startle, and it is composed of protective moves that would be a good idea in almost any situation. When something scary and unexpected happens, every person does the exactly the same thing: they blink, crouch, bend their arms, and clench their fists. The face also sets itself into what is known as a “fear grimace”: the pupils dilate, the eyes widen, the brow goes up, and the mouth pulls back and down. Make that expression in front of a mirror and see not only how instantly recognizable it is, but also how it seems to actually produce a sense of fear. It’s as if the neural pathways flow in both directions, so the expression triggers fear as well as being triggered by it.

The videotape I shot during the ambush in Alibad shows every man dropping into a crouch at the distant popping sound. They don’t do this in response to a loud sound - which presumably is what evolution has taught us - but in response to the quieter snap of bullets going past. The amygdala requires only a single negative experience to decide that something is a threat, and after one firefight every man in the platoon would have learned to react to the snap of the bullets and to ignore the much louder sound of men near them returning fire. In Alibad the men crouched for a second or two and then straightened up and began shouting and taking cover. In the moments their higher brain functions decided that the threat required action rather than immobility and ramped everything up: pulse and blood pressure to heart attack levels, epinephrine and norepinephrine level through the roof, blood draining out of the organs and flooding the heart, brain, and the major muscle groups."

Unfortunately in this case, the officer’s action, triggered by the amygdala, caused him to react before cognitive thought.

JM .02

That is definitely an interesting take on the actions of the officer and on human nature in general. I don’t like to jump to conclusions, but this doesn’t look good at all. There may be more to the story than what has been released.

Somehow the officer ended up much closer to the Impala then he started out. Sure looks like he had a grip on the seatbelt with his left hand, and could not let go fast enough. Gun came out when the car started to move. Then bang.

I’m not sure when the rule book changed, but clearly there are now two sets of rules. For those operating off of the new set of rules and don’t want to get shot by a Cop,I offer these suggestions;
When the Cop asks you a question, answer his questions.
When stopped don’t jack with the door.
When stopped don’t attempt to put the car in gear and drive away.
When stopped if the Cop reaches in the window of your car for something, this is a bad thing, just lean back and let him have control of whatever he feels is putting him in danger.
When driving make sure you have your plates on the car where they are supposed to be.
When driving keep your license with you at all times.
Now I’m sure those operating on the new set of rules feel these things are unfair and you should be able to do just about anything you want when pulled over and not get shot. Well, maybe so, but for the most part the more of the above rules you break, the more likely something stupid like this will happen to you.

I have been in these situations, the issue becomes what are you going to use force on this person for? A license plate that is required to be on the front and a suspended license? So a Summary Offense (locally)? I’ve let people just drive away and got a warrant for them later if I have their info, if not then I just write tickets on the tag and when that person calls to complain or shows up to court and is not the person who was driving, they get interviewed and always give up the person driving the car.

I will reserve my judgement for when the court case goes live. I also want to see the other officer’s camera video of the incident if it exists.

Agree with this. I have to wonder if reaching inside a car in this instance is a very bad idea - not because the driver’s actions were OK (they were definitely not), but because it puts the officer in a vulnerable position for very little benefit. It appears the officer had a partner or some other officer on scene - when it stopped being the world’s smoothest traffic stop, why not put a “stop stick” or something under the tires so a driver who tries to flee doesn’t get very far.

After reaching in with both hands the officer was in danger from being dragged, but it’s a danger he put himself into.

Of course, the dead driver did lots of stupid things - I’m not defending him either. Can’t tell if he was high, drunk or just not very bright to begin with. I can’t see that the shooting would have happened if he had not tried to flee. The officer seemed very calm and reasonable prior to the attempt to flee.

I know nothing of approved procedure since I am not an LEO but reaching inside the car just seems like a horrible idea with the driver sitting right there. It puts the officers head right in front of the driver.

A few years ago, I was pulled over in my 01 Trans Am. Since the car had a roll bar in it, a light weight race seat, 5 point harness and was loud, she assumed that my inspection sticker was fake. Instead of asking me to step out, she reached inside to peal it off. Mind you, this isn’t like picking my wallet off the dash, this is a sticker that took some time to get off. If you have ever seen a 4th gen F-Body, the windshield is very raked back. She had to lean with half her body. She had another officer standing behind her, she was blocking the officer’s line of sight completely. I just said there dumb founded. If I was a crazy person, I would have inflicted all kinds of havoc. There was no way she would have every reached her sidearm, in fact, I was closer to it then her hands were. Hell, if I was Hannibal Lecter i could have bit, she was that close. It was super odd.

Never understood why an officer would ever risk their safety like that. You see the person reaching for something, putting the car in gear, back up and put the b-pillar between yourself and the suspect in the car, draw your weapon. I don’t know. I am sure I am missing something.

Who knows what he saw to warrent such an action?
I can think though if I thought I saw something that looked like a gun, I would want to get a hand on it and/or draw my weapon at the same time.
I think this goes back to an earlier thread in which the guy began by acting evasive and then built to agitated the next thing you know the Cop has a gun pointed at him.
I’m pretty sure this will get Monday Morning Quarterbacked to death here, but to be honest I’m pretty willing to guess the Cop was doing his job and the driver was doing everything he could to avoid something a lot bigger than talking to a Cop or getting a ticket.
Once again, if you want to play the game by the new rule book, don’t be surprised when it all goes South on you.

Unfortunately, it often costs someone else (in this case the LEO) their job at the very least, or their life, be it behind bars or via death. To me it looked like we was reaching for the seat belt, and the car takes off, and he pulls the trigger either as a perceived lethal threat with a fraction of a second to decide (being dragged to death by his hand in the seat belt,) or it was straight unconscious response the perceived threat and technically an ND? Hopefully he can convey adequately that he felt his life was in danger to a jury.

finally watched it

IMHO he was not shot in the head for a lic plate on front of car he was shot because he tried to run from the guy with his car which could have ran him over or dragged him so the news should say he was shot while the perp attempted to drag him or run him over with his car

I would never be like OH I am not sure if I have my lic ? that alone says something

I have some concerns about comments made to the media. Hamilton Country Prosecutor Joseph T. Deters’ comments were unprofessional and inflammatory.

Another result of very poor police training. In reviewing the video here on local news website, the shooting was not justified.

In regards to Deters, he’s been a staunch, no bs DA for many years. Many times when store owners in Cincinnati were confronted by armed robbers and the store owners shot the perps, he fully supported the actions and refused to investigate the store owners.

You mean like the whole pandering to “Black Live Matter” so your City isn’t turned in to Ferguson?
If you really want to totally disregard the rules and go with full on anarchy, don’t be surprised that after you win that prize the guys left with all of the guns go ahead and flip that script on you. Those who would appease this kind of crap deserve the same trophy to take home.
Do you really want to watch this Country slowly slide in to The United States of Mogadishu?

It’ll brought up in court no doubt.

Can’t be impartial when you are blasting the guy you just charged with murder…

After watching the video, it looks to me like the gun went off due to a startle response and/or sympathetic squeeze response. In either case my question is: Why did he draw his gun in the first place? Is not the sidearm used for self defense? Why was his gun ever pointed at the guy’s head? I saw nothing to make me think the officer was in any danger of attack. I saw a noncompliant dummy that stupidly wanted to jack-rabbit out of there. Where was the need for self defense?

Firearm safety rule: Don’t point your gun at something you do not intend to shoot.

I see nothing to make me think this officer should be charged with murder or put away for life, but it does appear to be an ND and he should be held responsible for his choices. I would certainly be held responsible for my actions in a case like this.

Good luck with that. He’s already lied on his report.

“Officer Tensing stated that he almost was run over by the driver of the Honda Accord and was forced to shoot the driver with his duty weapon (Sig Sauer P32). Officer Tensing stated that he fired a single shot. Officer Tensing repeated that he was being dragged by the vehicle and had to fire his weapon,” Officer Eric Weibel’s incident report says.

I dont agree with it. Let the scumbag go, get a warrant then go find him for evading.

My prediction. The officer will claim his hand got caught and fear of being drug down the road. At least one jury member will agree. Not guilty.

To the video. From the way the guy was talking and handing the officer a bottle of liquor when asked for a license, my guess is this stop went from a license plate to a DUI investigation during the video.

where is that info at? Another article?