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An Ohio prosecutor says he will try again for a murder conviction against a white University of Cincinnati police officer in the fatal shooting of an unarmed black motorist during a 2015 traffic stop.
Hamilton County Prosecutor Joe Deters says he will prosecute since-fired officer Ray Tensing on murder and voluntary manslaughter charges, after a Nov. 12 mistrial on those charges because of a hung jury. He also plans to seek a change of venue.
Deters at a news conference Tuesday said the jury was leaning toward a voluntary manslaughter conviction, but couldn't get unanimity after some 25 hours of deliberations.
Tensing's attorney, Stewart Mathews, has said a retrial "would be fruitless" and has asked the judge to acquit Tensing.
DuBose family members, the Cincinnati city council and groups including faith leaders had pushed for a new murder trial in the killing of driver Samuel DuBose.
Tensing testified during the trial that he feared for his life when DuBose tried to drive away.
Prosecutors said repeatedly during the trial the evidence contradicted Tensing's story. Deters said after the mistrial the jury was leaning toward a conviction on voluntary manslaughter.
The jury of 10 whites and two blacks was seated Oct. 31 for the first trial.
To convict Tensing, now 27, of murder, jurors had to find he purposely killed DuBose, 43. The charge carries a possible sentence of 15 years to life in prison with conviction. The voluntary manslaughter charge means the killing happened during sudden passion or a fit of rage. That carries a possible sentence of three to 11 years.
The case is one of several across the country calling attention to how police deal with blacks.