Officer Ray Tensing shot once, hitting 43-year-old Samuel DuBose in the head after stopping him for a missing front license plate on his auto in July 2015, a body camera worn by Tensing showed. Tensing originally told the department that DuBose dragged him with the auto ahead of the fatal shooting, but the footage proved that to be untrue. Tensing has said in both trials that he feared for his life during the traffic stop. He testified he shot DuBose because he feared for his life after his left arm became trapped inside DuBose's moving vehicle on July 19, 2015.
"God's will is sufficient", Audrey DuBose said as she left the Hamilton County Courthouse Friday afternoon.
The men had a conversation for about one minute and 50 seconds before it escalated with Tensing and DuBose in a struggle.
A mistrial was declared for a second time Friday in the murder retrial of Tensing, 27. This comes after a mistrial was also declared when the case was initially brought to court a year ago. Last week, a jury acquitted Minnesota officer Geronimo Yanez on charges stemming from shooting Philando Castile, who had indicated he had a legal firearm in his auto when he was stopped.
The family is reportedly demanding another retrial and called for community members to join them in a peaceful protest "of this unjust result".
The jury consisted of seven white women, two African-American women, two white men, and one African-American man. Juries are told they may not second-guess an officer's judgment, but must instead measure it and the evidence against how a reasonable police officer would have acted in the same circumstances.
Ghiz called them into the courtroom and ordered them to continue deliberating, saying, "Hopefully you're able to resolve your deadlock".
The case is among several across the country in recent years that have raised attention on how police deal with blacks. "Do I disengage and let Sam DuBose drive away or do I kill him?". Hamilton County Prosecutor Joe Deters must now decide whether to seek a third trial.
The University of Cincinnati agreed in January 2016 to pay $4.85 million to the family of DuBose.
After resting its case, the prosecution requested the judge add a lesser count of reckless homicide for the jury to consider. The school also agreed to set up a memorial to DuBose on campus, invite the family to take part in meetings on police reform, issue a formal apology and provide free undergraduate education to DuBose's 12 children. And all six Baltimore officers charged in the 2015 killing of Freddie Gray, who succumbed to spinal cord injuries suffered in the back of a police van, eventually walked; officers arrested the victim after they considered his eye contact suspicious.