The Latest: Attorney says family ready to push federal probe

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CINCINNATI (AP) — The Latest on prosecutor's decision not to try police officer a third time (all times local):

4 p.m.

An attorney for the family of an unarmed black man killed by a police officer says they have been ready to push for a federal civil rights investigation in the case.

Al Gerhardstein says Sam DuBose's family had a letter drafted and materials ready to send to federal authorities on former University of Cincinnati officer Ray Tensing. That was before Hamilton County Prosecutor Joe Deters (DEE'-turz) announced Tuesday that he wouldn't seek a third murder trial for Tensing after two hung juries.

Deters says the case has been referred to the U.S. attorney for southern Ohio, who says he will review it.

The veteran civil rights attorney says they are urging that federal authorities "take seriously this opportunity to hold the officer accountable when the state system couldn't." He says that's "the very reason" federal criminal civil rights laws exist.


2:40 p.m.

The attorney for a white former police officer is expressing relief that a prosecutor has decided not to try his client for a third time in the 2015 fatal shooting of an unarmed black motorist.

However, Cincinnati attorney Stewart Mathews says the referral of Ray Tensing's case to federal authorities means there's "not total relief." Mathews says he had been wondering the past two years whether the case would go the Justice Department so it wasn't a total surprise.

He says he doesn't think the case rises to the level of civil rights charges, but he says it's not his call.

He says Hamilton County Prosecutor Joe Deters (DEE'-turs) made the right decision against another trial, agreeing that a jury conviction wasn't going to happen.


2:15 p.m.

A federal prosecutor says his office is reviewing the case of a white former police officer who fatally shot an unarmed black man during a 2015 traffic stop in Cincinnati.

U.S. Attorney Benjamin Glassman says in a statement that federal authorities will review evidence from the state court trials of Ray Tensing to assess whether there are possible federal civil rights offenses that might warrant prosecution.

Hamilton County Prosecutor Joe Deters (DEE'-turs) says Glassman's office contacted his office after the Tensing case's second hung jury. He says his prosecutors have turned over case information to the federal authorities.

Federal authorities recently announced they had ended an investigation without charges in a 2014 police shooting of a black man in Beavercreek, Ohio, Wal-Mart store.


2 p.m.

Family members of an unarmed black man killed during a traffic stop are angry about a prosecutor's decision to drop the case against a white former University of Cincinnati police officer.

Sam DuBose's relatives have been calling for a third murder trial of 27-year-old Ray Tensing. Hamilton County Prosecutor Joe Deters (DEE'-turs) told them privately of his decision Tuesday just before announcing he wouldn't pursue another trial.

DuBose's sister Terina Allen says he was "no threat" to Tensing or anyone else. She says she plans to continue to hound Tensing "the rest of his life."

Tensing testified he feared for his life when DuBose tried to drive away.

Referring to Deters' announcement that the case has been referred to federal authorities, Allen says "they should have done both."


1:15 p.m.

An Ohio prosecutor won't try for a third time to convict a white police officer for the fatal shooting of an unarmed black motorist during a traffic stop.

Hamilton County Prosecutor Joe Deters (DEE'-turs) said Tuesday he is dropping the case against 27-year-old Ray Tensing because he believes the case cannot succeed.

Two previous juries couldn't reach a unanimous agreement on murder and voluntary manslaughter charges against the former University of Cincinnati officer.

Tensing shot 43-year-old Sam DuBose in the head after pulling him over for a missing front license plate on July 19, 2015. Tensing testified he feared he was going to be killed when DuBose tried to drive away.

The shooting is among those across the nation that have raised attention to how police deal with blacks.

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