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Update: Second Mistrial Declared; Cincinnati Cop Ray Tensing Gets Away With Murder of Sam Dubose

For the second time, a jury has stated that it was deadlocked and unable to reach a decision on charges filed against University of Cincinnati Police Officer Ray Tensing for the July 2015 murder of Sam Dubose. (See videos embedded below for body camera footage of that murder.) The jury initially indicated this morning that it was unable to reach a decision, but were told to go back and continue deliberating. Later this afternoon they returned and stated they were still deadlocked. As a result, Hamilton County Judge Leslie Ghiz has declared a mistrial.

Although it hasn’t been officially announced yet, there won’t be a third trial. So that effectively means Tensing has officially joined the ever expanding club of police officers who have gotten away with murder, including three just this week alone (Tensing, Milwaukee Police Officer Dominique Heaggan-Brown, and St. Paul Police Officer Jeronimo Yanez).

Of course, in order to have their killings declared justified all police officers need to do is state that they “feared for my life” and in order to get a mistrial they just need one of the twelve members of a jury to buy that rationalization. So that bar is incredibly low and that’s mostly by design. The system itself is tilted heavily in their favor and those running that system not only are their friends and co-workers, but have the further incentive of self preservation to push it even further in that direction.

In Tensing’s case, he claimed that he was in danger of being run over by Dubose as he attempted to drive away from a traffic stop the University of Cincinnati police officer had initiated because of a missing front license plate.

Via NBC News:

Tensing asked DuBose for his driver’s license and registration, which he failed to provide. The officer then ordered him to step out of his car and tried to open the door, but DuBose refused. The car began to pull away

With one hand still inside the car, Tensing yelled, “Stop! Stop!” before firing his gun at DuBose, striking him in the head. The car then began traveling out of control before coming to a stop.

Tensing’s bodycam captured the incident.

The men had a conversation for about one minute and 50 seconds before it escalated with Tensing and DuBose in a struggle. Within just a few seconds, Tensing fired his gun.

Two other officers were on scene, and their body cameras captured other angles of the shooting’s aftermath.

Those alternate angles captured by the other officers on the scene, as well as testimony from experts who examined those videos, contradicted Tensing’s claims that he was being dragged by, and in danger of being run over by, Dubose’s car.

It’s also been questioned whether the stop for something as trivial as a front license plate was merely an excuse used to justify a racially motivated profiling of Dubose. Officer Tensing’s unusually frequent history of traffic stops (when compared to other University of Cincinnati police officers) and the high percentage of minorities involved in those stops bolsters those claims.

Of course, the judges, prosecutors, and media are usually on the side of the cops and the general public is taught from the day they are born to believe cops are heroes that never lie or do anything bad. So it’s not that hard for them to at least find that one juror who will refuse to find a cop guilty, regardless of the actual facts presented during a trial. That’s a big part of why it’s almost impossible to convict a police officer regardless of the actual facts on the rare occasions when they get caught doing something outrageous enough to get charged in the first place.

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Update: Officer Jeronimo Yanez the Latest Cop to Get Away With Murder After Philando Castille Verdict

Earlier this afternoon, a jury in Minnesota reached a verdict in the trial of St. Anthony Police Officer Jeromino Yanez. Yanez had been charged with second degree manslaughter after he shot Philando Castille seven times in July of 2016. At the time Yanez decided to start shooting, Castille was reaching for his ID that Yanez had asked him for seconds earlier. Presumably, Officer Yanez was afraid that he was instead reaching for a (legally registered) gun that Castille had informed him of. Castille’s girlfriend, who was also in the car along with their four year old daughter, live-streamed, via Facebook Live, his final moments and her own treatment by the police after the shooting. (Video embedded below.) Philando Castille’s “crime” consisted of having a broken taillight.

Sadly, but not at all surprisingly, the verdict that was announced was “not guilty.” The glaring reality that cases like this and those of Tulsa Police Officer Betty Shelby, who was also issued a license to murder just last month, serve as grim reminders of is that, even on the rare occasions when cops are charged with a crime after unnecessarily killing someone, it’s close to impossible for them to be convicted. Of course, even beyond the basic pre-conditioning of society of the provably false notions that the police are always right and never lie, the deck is always stacked in their favor during these show trials.

A judge controls what evidence can be presented to the jury and what will instead be excluded because it is “inflammatory” or prejudicial. Meanwhile, the onus of presenting that evidence falls to the prosecutor’s office, who work with the police on a daily basis and are dependent on maintaining good relations with them for every other case they pursue. Most trials against police officers are as much a forfeit as they are a loss.

Not only that but the bar is set incredibly low for police officers, even when they kill people that were clearly innocent. All they have to do is wear their Magic Uniform (sometimes they don’t even have to do that) and use those Magic Words, “I feared for my life.” That fear doesn’t have to be justified or even in any way rational. A cop simply has to state that they were afraid and it’s up to the prosecution to somehow prove that this heroic, fearless defender of the public was not in fact afraid for no good reason.

Plus, the media always does their part for the home team helping to glorify the heroic cop and demonizing the victim. Regardless of the circumstances or what you can see with your lying eyes on a video it’s always portrayed as a “tragic mistake” or that victim’s fault. Then they build up sympathy for the killer cops by telling you how much they have already suffered by losing their job and feeling really bad about what they did (oftentimes in spite of evidence to the contrary).

Of course, anyone else charged with a crime generally also ends ups being fired and rarely has the unwavering support of a police union to cushion that blow. yet, nobody says they should just walk free based on that “hardship.” Not to mention the deadly consequences of those officers’ actions inflicted upon those they kill and their families afterwards.

I’ve warned cops and their cult of followers in the past, and in spite of the fact I know there’s pretty much zero chance they will listen, I’ll warn them again: accountability is something you should be seeking for your own sake, as well as for the sake of common decency and there are consequences when you actively work to prevent it.

No justice, no peace” isn’t always just a catchy little slogan to be chanted.

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Update: RCMP Officer Convicted of Abuse and Sexual Torture of Son Sentenced to 15 Years in Prison

In December of last year, I posted about a Royal Canadian Mounted Police Officer who had been convicted of numerous abuse-related offenses after his son escaped from a makeshift dungeon he had created in the basement of his house. On Wednesday, that officer was sentenced to 15 years in prison for the torture he had infilcted against his son. Critics, including a group known as “Bikers Against Child Abuse,” complained that the sentence, which likely will amount to eight years at the most, was insufficient in light of the severity and nature of the crimes involved.

At the time of his arrest in 2013, that son was described as looking like “someone from a concentration camp movie.” Despite being eleven years old at the time, he weighed just 50 pounds and had scars on his body, including those consistent with someone who had been shackled at the wrists and ankles for an extended period of time. In addition to being starved, chained up, and physically abused, the child was also sexually tortured by having his genitals burned with a lighter. Ironically, the officer worked for the RCMP’s counter-terrorism unit.

After escaping from the basement where he had been confined, the officer’s son was spotted in nearby houses attempting to get water from the faucets within the yards. When one neighbor attempted to take him home, he collapsed from the effects of malnourishment. Ottawa Police Det. Johanne Marelic and other investigators described his condition when they first saw him as “unfathomable” and “difficult to comprehend.”

During court, the officer apologized for “being a monster” to his son and attributed his actions to PTSD resulting from having been abused himself. Although Justice Robert Maranger described the charges as “horrific” and the “worst kind of abuse” while stating that he didn’t believed the officer had shown any true remorse, he nonetheless indicated that he avoided giving him a much harsher sentence (prosecutors were seeking 23 years) due to the testimony from expert witnesses about his mental state and the contention that the abuse was caused by PTSD.

The officer was convicted of two counts of aggravated assault, one each of sexual assault causing bodily harm, unlawful confinement, assault and failing to provide the necessaries of life, plus several firearms offenses. In addition, the officer’s wife (and the prototypical evil stepmother of the child) was also convicted of assault with a weapon and failing to provide the necessaries of life, but received a sentence of just three years. The names of the officer and his wife have not been released publicly per a court order to avoid identifying the child who was victimized by them.

Local News Coverage

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