Other officers on the scene of the shooting could be facing charges as well.
Cincinnati, Ohio — After spending one day in jail, University of Cincinnati police officer Ray Tensing has already been released from custody on bail following his indictment for the murder of Samuel DuBose. Meanwhile, two UC Cincinnati police officers have now been placed on leave in the fallout of the fatal shooting of Sam DuBose by officer Ray Tensing.
Tensing was indicted for murder by a grand jury on Wednesday and officers Phillip Kidd and David Lindenschmidt testified that “[t]hey didn’t see anything,” said Hamilton County Prosecutor Joe Deters.
At the time of the incident, Tensing had claimed he shot DuBose after a scuffle led to him being dragged down the street by DuBose’s car. Tensing’s body cam footage—released to the public on the same day charges were announced—proved that story was fabricated. Now the video from Kidd’s body cam has also been released, and shows him arriving on scene and proceeding to corroborate Tensing’s story—the same scenario repeated in the official police report of the incident.
Despite video evidence to the contrary, Tensing can be heard in Kidd’s body cam footage explaining how he’d been dragged, to which Kidd says, “Yeah, I saw that.” When Tensing is overheard explaining the same story to yet another officer on the scene, Kidd says, “Don’t say anything.”
In the official incident report, Officer Eric Weibel wrote: “Officer Kidd told me that he witnessed the Honda Accord drag Officer Tensing.”
A stunning discovery found in Officers Kidd and Weibel’s shared history, is the death of a mental health patient in 2010 at University Hospital, as revealed by The Guardian. Kelly Brinson was suffering a psychotic episode and had to be placed in an isolation room, where he was repeatedly tasered by seven UC police officers. Brinson died three days later after succumbing to respiratory and cardiac arrest.
Brinson’s family later filed suit, and all seven officers, according to court documents, are accused of excessive force and that they “acted with deliberate indifference to the serious medical and security needs of Mr. Brinson.” And further, that before being restrained, Brinson “repeatedly yelled that slavery was over and he repeatedly pleaded not to be shackled and not to be treated like a slave.”
In an interview with The Guardian, Brinson’s brother, Derek, said that if those officers had been properly disciplined back in 2010, DuBose might still be alive. Brinson said the officers were “supposed to be fired […] but what happened was because we had an out-of-court settlement, they had immunity and they couldn’t be prosecuted. Everybody . . . associated with this case was supposed to be terminated,” he said, “and they didn’t — they didn’t terminate them.”
Legal experts feel Kidd potentially faces charges of giving a false statement. “I would expect that to be forthcoming,” said Bowling Green State University criminologist Philip Stinson, as reported in Cincinnati.com. “It was a false statement. The video evidence doesn’t support it. There seems to be the elements of a crime there.”
Watch the Officer Phillip Kidd body cam footage from Samuel DuBose shooting below:
Despite the charges of murder, Tensing’s body cam footage has been called into question. “It is our belief that he was not dragged,” explained Deters. “If you slow down this tape, you see what happened. It takes a very short period of time from when the car starts slowly rolling that the gun is out and he’s shot in the head.”
At the arraignment before a Hamilton County Common Pleas Court on Thursday morning, Tensing pled not guilty to charges of murder. His bond has been set at $1 million. While Stew Mathews, the attorney representing Tensing, maintains the former officer, “was in fear of his life at the time this happened,” Deters saw something entirely different in this shooting—describing the incident as “the most asinine act I’ve ever seen a police officer make. It was unwarranted.”
Despite the clear evidence in the video from the shooting showing wrongdoing, a segment of the public has seemingly come to Tensing’s defense as funds are quickly mounting to pay his legal fees. Mathews said, according to WCPO, “I think people feel like he’s getting railroaded here in Cincinnati. You’d have to be blind not to see that.”
Watch the full length Officer Ray Tensing body cam footage from Samuel DuBose shooting below:
There are now questions surrounding Tensing’s qualifications to have been a police officer in the first place. As Cincinnati.com reported, “The Ohio State Highway Patrol hired [him] nearly two years ago, but he quit after one day on the job. Tensing started the patrol’s 26-week academy Sept. 18, 2013, and left
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