Four jurors wanted to convict former University of Cincinnati officer Ray Tensing of murder, sources tell WLWT News 5.
In a separate vote, eight jurors wanted to convict Tensing of voluntary manslaughter.
The judge declared a mistrial Saturday morning after the jury told her they were unable to reach a unanimous verdict.
Former University of Cincinnati’s police officer Ray Tensing was charged with murder and voluntary manslaughter for shooting Sam DuBose during a traffic stop in July 2015.
The jury was directed to consider murder first during deliberations. If they were unable to reach a verdict, or if they found Tensing not guilty, they were to move on to voluntary manslaughter.
The 12 men and women in the jury were sequestered to a hotel since Wednesday, when they began deliberations. They deliberated for about 25 hours.
The jury listened to about five days of testimony in Tensing’s trial. He’s charged with murder and voluntary manslaughter, though the jury was instructed that he may only be convicted of one or none — not both charges.
Assistant prosecuting attorney Mark Piepmeier argued that Tensing is guilty of murder, defined in the indictment as “purposely caus(ing) the death of Sam DuBose.” Tensing said in his police interview that he meant to shoot DuBose, Piepmeier argued.
Defense attorney Stew Mathews argued that Tensing was justified in shooting DuBose because he was in fear for his life. He asked the jury to consider what they would have done in that situation.