Tensing Retrial Day 1

Live tweeting of the first day of testimony in the Ray Tensing retrial for the shooting death of Sam DuBose during a 2015 traffic stop.

  1. Attorneys have been in chambers doing something on the record, back in courtroom now. Jury not in box yet. #TensingRetrial
  2. Judge Ghiz says the body cam video may be shown today. She'll allow family members to step out during that if they need to. #TensingRetrial
  3. DeGraffenreid: This case is about Mr. Tensing not using his training when he pulled over and shot Mr. DuBose. #TensingRetrial
  4. DeGraffenreid: The video is quick but our expert will walk you thru it and u can use ur common sense to reach a decision. #TensingRetrial
  5. DeGraffenreid: You'll see Mr. DuBose flinch just before the shot is fired. #TensingRetrial
  6. DeGraffenreid is finished with opening statements. Stew Mathews now beginning. #TensingRetrial
  7. Mathews says he'll channel Paul Harvey and now jurors will hear "the rest of the story." #TensingRetrial
  8. Mathews: Ray got a job at UC b/c powers that be wanted to do something about it all crime around campus. #TensingRetrial
  9. Mathews: UCPD Chief Goodrich wanted officers 2B proactive w citations 2 cut crimes, get word out we're going 2 get criminals #TensingRetrial
  10. Mathews: The policy was working, crime was dropping and UC officials were happy. #TensingRetrial
  11. Mathews: Tensing saw no front plate, ran tags > owner under suspension > decided to investigate. #TensingTrial
  12. Mathews: Missing front plate is a minor offense but driving under a suspended license is a serious offense. #TensingRetrial
  13. Mathews is running thru the events of the traffic stop. #TensingRetrial
  14. Mathews: Tensing wasn't concerned about the front plate, he was concerned about the gin bottle at DuBose's feet. #TensingRetrial
  15. Mathews: Tensing opens door so he could handcuff/detain until determine identity (bc no ID) as he did n other stops #TensingRetrial
  16. Mathews: As arm pinned and car fleeing, Tensing fired wherever he could stop the threat against his life. #TensingRetrial
  17. Mathews: This isn't like an NFL game with multiple views of what occurred. Just one blurry video here. #TensingRetrial
  18. Mathews: DuBose actively turned car to left as driving off to avoid witness Alicia Napier. #TensingRetrial
  19. Mathews: Pros will say Tensing wasn't dragged, but he thought he was and being dragged has to start somewhere. #TensingRetrial
  20. Mathews: Pros tries to say Tensing was a racist. He wasn't a racist. You'll see how kind he was in prior traffic stop. #TensingRetrial
  21. Mathews is running thru 3 prior stops as evidence Tensing not racist. #TensingRetrial
  22. Mathews: Had DuBose cooperated w Tensing, his stop would've been polite, courteous & ended peacefully like 3 prior stops. #TensingRetrial
  23. Mathews: Tensing did what he had to do save his own life. I think you'll find he was justified in what he did. #TensingRetrial
  24. Opening statements complete with no re-direct by prosecution. Pros calling first witness UCPD Lt. Tim Barge #TensingRetrial
  25. UCPD Lt. Tim Barge was a Sgt at time of the shooting in July 2015. #TensingRetrial He runs the body cam program, was called in that day.
  26. Barge: The UCPD body cameras are mounted to shirt's breast pocket. He's explaining how cams are worn/stored/used. #TensingRetrial
  27. Jury about to see the body-worn camera video for first time during this #TensingRetrial.
  28. Video is complete. DeGraffenreid continuing now with Lt. Barge. #TensingRetrial
  29. Barge: Goodrich wanted to step up patrols, wanted 2 make sure the criminal element knew we were actively patrolling the area #TensingRetrial
  30. Mathews reviewing camera procedures w Barge, seems to be showing Tensing could've turned off his cam but didn't. #TensingRetrial
  31. M: just because camera doesn't pick up a sound doesn't mean the sound didn't occur? B: Correct. #TensingRetrial
  32. Seems like Mr. Mathews is really going to take aim at how @UCPublicSafety officers were trained in the days/weeks/months prior to 7/19/15.
  33. Barge: There was no direction about who to stop, just to step up enforcement. #TensingRetrial
  34. Barge: We're trained to use guns to "stop the threat." #TensingRetrial
  35. Barge is finished, no redirect. Will now take a 10 minute break. #TensingRetrial
  36. Back in session, prosecution calls UCPD Officer Philip Kidd. #TensingRetrial
  37. Tieger is going through the events leading up to the traffic stop with Officer Kidd. #TensingRetrial
  38. Tieger: Did you (Kidd) let the dispatcher and Tensing know you were backing him up? Kidd: Yes, he should have heard me. #TensingRetrial
  39. Mathews: May I ask who's testifying here, judge? Ghiz: You're leading the witness. @WCPO #TensingTrial
  40. Kidd: I didn't have a clear sight, but I could see the vehicle and upper portion of Tensing's body clearly. #TensingRetrial
  41. Tieger making point with Kidd that Tensing would have know back-up was on the scene prior to the incident. #TensingRetrial
  42. Kidd says, as he did in first trial, he saw DuBose's car moving. #TensingRetrial
  43. Kidd: He saw Tensing lunge into the car; a quick reaching motion, not sure how many hands he reached with. #TensingRetrial
  44. Officer Kidd testified he heard squeeling of a car first and then a gunshot. #tensingretrial
  45. Tieger pointing out Kidd originally said Tensing reached into car with both hands. #Tensingretrial
  46. Kidd: Says he tries to not reach into a car, doesn't remember what the law teaches about this, or opening car doors. @WCPO #TensingTrial
  47. Tieger: Would you say Tensing got up slowly or quickly from the ground? Kidd: Quickly. #TensingRetrial
  48. Kidd didn't activate his body camera until he was standing beside DuBose's car, so he doesn't have the shooting on his video #TensingRetrial
  49. Prosecution will now play Kidd's body cam video, which starts after the shooting. #TensingRetrial
  50. In video, some people walking by, officers telling them to stay back. Tensing says he was dragged. "Yes, I saw that." -Kidd #TensingRetrial
  51. Kidd tells Tensing "don't say anything." Tieger: Why did you say that? Kidd: I don't know. #TensingRetrial
  52. Unknown officer: Did you see him (Tensing) being dragged? Kidd: Yes. #TensingRetrial
  53. Watched Kidd's body cam video in entirety. His UCPD Tahoe had a cruiser cam but Kidd says it didn't work. No other videos. #TensingRetrial
  54. Kidd: Said he saw Tensing moved with the vehicle, so when he said he was being dragged, I wasn't going to sit there and argue w/ him. @WCPO
  55. Tieger; Did you see Tensing being dragged? Kidd: No. T: Why did you say that? K: I saw him moving with the vehicle. #TensingRetrial
  56. T: Are you justified in shooting/killing someone who tries to leave the scene? K: No. #TensingRetrial
  57. Tieger reviewing Tensing's duty belt, radio with Kidd. Seems to be getting to the 2-step process to remove service gun. #TensingRetrial
  58. Kidd: it's a dual retention holster meaning you have to push in two places to release the weapon. #TensingRetrial
  59. Kidd: You have to push down in one place and pull a lever to release the weapon. #TensingRetrial
  60. Kidd: They advise us to practice removing our weapon but I do not. Some officers do. #TensingRetrial
  61. Prosecution entering UC's policies on weapons, use of force and Tensing's proficiency records and safety rules into evidence #TensingRetrial
  62. Kidd: I'm old, I don't do a lot of things I should do. I'm set in my ways. Been at UC for 11 years. #TensingRetrial
  63. M: Were you ever directed by UC Chief Goodrich to stop African-Americans or anyone specifically? K: No, just #TensingRetrial
  64. Kidd: I heard Tensing say he was going to make a stop on Vine St and car was slow to stop, then turned onto Thill St. #TensingRetrial
  65. Kidd: It sets off alarm bells when you hear "slow to stop" so when we heard that it gave us a reason to head that way. #TensingRetrial
  66. Kidd: We were told that area was a trouble spot, gang activity there. Tensing did not call for backup. #TensingRetrial
  67. Have you ever been taught handcuff in car technique? No. Do you know what it is? Yes. #TensingRetrial
  68. Kidd says he's never reached into a car instinctively in the heat of the moment. #TensingRetrial #WLWT
  69. Kidd explains you would have an advantage over subject if seated in a car when cuffing. #TensingRetrial
  70. Mathews reviewing with Kidd the location of the liquor bottle, Tensing's hand on car & his shooting hand. #TensingRetrial
  71. Mr. Mathews is clearly trying to portray the moments leading up to Mr. DuBose's death as being worrisome for Mr. Tensing & other officers.
  72. Kidd: Tensing reached into car, heard squealing tires, saw car start 2 move, heard gunshot, saw Tensing fall away from car #TensingRetrial
  73. Kidd: Squealing tires usually mean a fast acceleration. #TensingRetrial
  74. Kidd: The event was very fast, a couple of seconds tops. #TensingRetrial
  75. Kidd explains back car tires don't track same as front when turn. (ie why back tires hit curb when turning but front dont) #TensingRetrial
  76. Mathews: What was Tensing's demeanor after shooting? Kidd: He wasn't upset, I can't describe it. #TensingRetrial
  77. Kidd: UC took our Tasers away so that wouldn't have been an option in this situation. #TensingRetrial
  78. Kidd didnt see Tensing's hand/arm caught n car though he said "yeah" when T said that happened. Doesnt know why he said that #TensingRetrial
  79. Kidd saw the gin bottle and Tensing's flashlight in the street, it would have come from T's duty belt. #TensingRetrial
  80. UCPD Officer Lindenschmidt moved Tensing's car and flashlight. He'll likely testify next, but probably not today #TensingRetrial
  81. Kidd: UCPD not taught to "shoot to kill," are taught "shoot to stop the threat." #TensingRetrial
  82. Tieger: You felt certain it was squeal>move>shot, but also said he lunged w 2 hands which was wrong. #TensingRetrial
  83. Kidd may step down. Judge asks counsel to approach. Guessing we may be done for the day as she said would end around 1:30. #tensingretrial