Ohio judge rejects motion to dismiss charges against officer

FILE - In this Nov. 28, 2016, file photo, Ray Tensing enters court for the first time since his mistrial in Cincinatti. Tensing, the former University of Cincinnati police officer, is charged with the murder of Sam DuBose during a routine traffic stop on July 19, 2015. Leslie Ghiz, the judge now presiding in the police shooting case plans to discuss the second trial for Tensing. Ghiz scheduled a Monday morning, Dec. 12, hearing on Tensing’s retrial. (Liz Dufour/The Cincinnati Enquirer via AP, Pool, File)

CINCINNATI (AP) — Jury selection is underway after an Ohio judge rejected a defense motion to dismiss charges in the retrial of a white police officer who fatally shot an unarmed black motorist.

Attorneys for former University of Cincinnati officer Ray Tensing had filed a motion Wednesday saying comments made in an interview by county prosecutor Joe Deters violated the judge’s gag order and tried to influence and bias prospective jurors.

Hamilton County Judge Leslie Ghiz ruled Thursday that the comments weren’t “egregious” enough to dismiss the case, but she warned prosecutors they could face contempt action.

Tensing testified he feared for his life when Samuel DuBose tried to drive away during a 2015 traffic stop. His first trial on murder and voluntary manslaughter counts ended with a hung jury.

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