OH - Samuel Dubose, 43, killed by Cincinnati LE during traffic stop, 19 July 2015

[bluesneakers]

Regardless of what the texts we've read say, why was the case dismissed after he took the stand?

Two men were charged with felonious assault but according to an attorney on the case, the case fell apart after Tensing took the witness stand. According to the indictment obtained by Local 12 News, the two young men were indicted for felonious assault for allegedly causing "serious physical harm to Ray Tensing" August 8, 2010. The pictures showed the damage they were charged with inflicting on Tensing.

http://local12.com/m/news/features/...ight-in-August-2010-178918.shtml#.VcGXVjBVikp

 

[CoolJ]

I think the reporter is stretching things to suggest the text messages were the reason charges were dropped against the two guys that assaulted Tensing.

ALL of the text msgs are from AFTER the assault. In them Tensing tells his friends that he is doing his own investigation and if police don't get his attackers he will. In another text he tells his friend that he handed over his "case file" to the investigating officer (he was studying law enforcement at the time and was already thinking like a cop). In a couple texts he makes reference to wishing he had a gun on him during the attack so the attackers would end up in "body bags". What is wrong with that? If I was attacked by two guys I would be saying the exact same thing. How does that undermine a case? In one text his friend uses the "N" word (I sure Tensing will now be labelled a "racist" because his friend used the "N" word). Tensing did use the gay slang "F" word so perhaps he is a "homophobe".

I can't see how the contents of these texts would undermine his credibility. The case against his attackers must have fallen apart for other reasons. This is all part of the plan. The prosecutor is feeding to the media anything they can find that would put Tensing in a negative light. They are doing everything they can to demonize him (same thing happened to Darren Wilson and is still happening to this day!).

You're kidding right? This guy is a liar, a bigot and quite possibly this was not his first murder.

 

[bluesneakers]

You two are ignoring the most important part -- and it has nothing to do with anger, but with dishonesty and perversion of justice:

"He came across as having something to hide cause when he was confronted with the messages I think there was at least two where he wanted to get together with his friend and get their stories together. He didn't recall those and I think he came across as disingenuous," said Clark.

The first part is like witness tampering; the second part is like perjury/contempt of court. Those are far more serious matters with regard to the credibility of a witness than his anger was.

And that's imo why the case was dismissed. After witness tampering and perjury there was nowhere they could go.

 

[CoolJ]

If I were a cop apologist, I would be thinking twice about sticking up for this clown just because he wears blue. Stay tuned!

 

[Montjoy]

And that's imo why the case was dismissed. After witness tampering and perjury there was nowhere they could go.

And he was studying to become a cop at the time. My goodness, someone should know better from watching a few episodes of Law and Order. Unless, of course, he was studying to become a crooked, complicit, or cowboy cop.

 

[ZooSleuth]

BBM

This is an excellent analogy! I'm glad that someone else on here can see this in the proper light. I know if I was assaulted in the manner Tensing was I would be sending similar texts back and forth to my friends. The notion that these texts reflect poorly on Tensing are ridiculous and I doubt they had anything to do with the charges being dropped.

And in what manner was he assaulted? How do we know he didn't instigate the fight in the first place and ended up with the worse end of it so he escaped charges? I would never condone anybody getting jumped but there's obviously more to the story than Tensing is put in a chokehold and gets kicked in the face. Why did he need to get together with his buddies to get their story straight? Why was he keeping a "case file" on these guys as a citizen?

 

[sonjay]

And in what manner was he assaulted? How do we know he didn't instigate the fight in the first place and ended up with the worse end of it so he escaped charges? I would never condone anybody getting jumped but there's obviously more to the story than Tensing is put in a chokehold and gets kicked in the face. Why did he need to get together with his buddies to get their story straight? Why was he keeping a "case file" on these guys as a citizen?

How do we know that the attackers weren't the sons of the judge's regular golfing buddies? How do we know that the defense attorney quoted in the article isn't pulling this stuff out of his butt? How do we know the judge didn't let Tensing testify, so that it would appear there was an actual trial, then dismiss the charges as a favor to his golf buddies?

 

[KEVINinTO]

How do we know that the attackers weren't the sons of the judge's regular golfing buddies? How do we know that the defense attorney quoted in the article isn't pulling this stuff out of his butt? How do we know the judge didn't let Tensing testify, so that it would appear there was an actual trial, then dismiss the charges as a favor to his golf buddies?

According to one of the text - one of the attackers brother was a cop so this could have been a case of the judge doing a cop a favor.

Yea supposedly his brother is a cop so he isn't talking and he hired an expensive lawyer so more power to him. We have to go over our story and get ready for

 

[KEVINinTO]

You two are ignoring the most important part -- and it has nothing to do with anger, but with dishonesty and perversion of justice:

"He came across as having something to hide cause when he was confronted with the messages I think there was at least two where he wanted to get together with his friend and get their stories together. He didn't recall those and I think he came across as disingenuous," said Clark.

The first part is like witness tampering; the second part is like perjury/contempt of court. Those are far more serious matters with regard to the credibility of a witness than his anger was.

No I am not missing anything. Clark is the defense attorney for the attackers. That is just his interpretation of the text msgs. And what was the text msg that was so egregious? Here it is:

Yea supposedly his brother is a cop so he isn't talking and he hired an expensive lawyer so more power to him. We have to go over our story and get ready for

Keep in mind Tensling was alone during the attack. The friend that he is texting was not a witness so this could not be considered "witness tampering" by any stretch of the imagination. It was a completely innocuous text msg. As a victim who was scheduled to testified it would be natural for him to want to be prepared for his time on the stand. There is no wrongdoing here just a defense lawyer trying to piggy back off a high profile case in order to get free publicity.

 

[Tssiemer]

How would you react if you were assaulted? There is no such thing as being "overzealous" in "executing justice" when you are the victim.

Sure there is. If you punch me in the face and break my jaw, I cannot use deadly force to defend myself because it would be excessive in this case. At least in Ohio, if someone breaks into my home with a baseball bat and I shoot them it's excessive force.

And I have been assaulted and mugged. My first reaction is not shoot people.


Sent from my iPhone using Tapatalk

 

[bluesneakers]

According to one of the text - one of the attackers brother was a cop so this could have been a case of the judge doing a cop a favor.

If he'd been screwed over by a cop and the system like this I can't imagine why he would want to go into law enforcement himself. Odd choice under the circumstances.

 

[KEVINinTO]

Sure there is. If you punch me in the face and break my jaw, I cannot use deadly force to defend myself because it would be excessive in this case. At least in Ohio, if someone breaks into my home with a baseball bat and I shoot them it's excessive force.

And I have been assaulted and mugged. My first reaction is not shoot people.


Sent from my iPhone using Tapatalk

If someone punched you in the face and broke your jaw - you may (or may not) be correct in saying you can't respond with deadly force (depends if they were trying to kill you). What I do know for sure is if someone punched you in the face and broke your jaw nobody would hold it against you if you starting texting your friends with comments like "I wish I had my gun.. the *** would be in a body bag". These are completely rational and acceptable sentiments to express in a text msg regarding someone who just assaulted you.

 

[i.b.nora]

According to one of the text - one of the attackers brother was a cop so this could have been a case of the judge doing a cop a favor.

You put this in a quote box:

"Yea supposedly his brother is a cop so he isn't talking and he hired an expensive lawyer so more power to him. We have to go over our story"

Would you be so kind as to supply a link to the article you found that in? I must have missed it and would like to see it in context. Thanks.

 

[CoolJ]

If someone punched you in the face and broke your jaw - you may (or may not) be correct in saying you can't respond with deadly force (depends if they were trying to kill you). What I do know for sure is if someone punched you in the face and broke your jaw nobody would hold it against you if you starting texting your friends with comments like "I wish I had my gun.. the *** would be in a body bag". These are completely rational and acceptable sentiments to express text msg regarding someone who just assaulted you.

In what world are those rational and acceptable sentiments??
Would you say the same if it were a record of text messages sent by Samuel Debose or Sandra Bland?

 

[KEVINinTO]

You put this in a quote box:

"Yea supposedly his brother is a cop so he isn't talking and he hired an expensive lawyer so more power to him. We have to go over our story"

Would you be so kind as to supply a link to the article you found that in? I must have missed it and would like to see it in context. Thanks.

If you go to the local news story and watch the video that text was displayed in the video (about 75% through the video). I typed it right off the screen.

 

[bluesneakers]

I think I discovered the problem.

The following day, he told another friend, “I wish I would of had my gun on me. Somebody would of left in a f....ing body bag."

I would HAVE thrown him out OF court too.

 

[KEVINinTO]

In what world are those rational and acceptable sentiments??
Would you say the same if it were a record of text messages sent by Samuel Debose or Sandra Bland?

Yes of course! If either of them were violently assaulted I would expect them to direct vengeful comments towards their attackers (I know I would!). It's human nature and normal. If you were violently assaulted would you be wishing only nice things for your attacker?

 

[Matic]

Sure there is. If you punch me in the face and break my jaw, I cannot use deadly force to defend myself because it would be excessive in this case. At least in Ohio, if someone breaks into my home with a baseball bat and I shoot them it's excessive force.

And I have been assaulted and mugged. My first reaction is not shoot people.


Sent from my iPhone using Tapatalk

Sorry, but you are partially wrong here. Senate bill 184 passed in 2008 and Senate bill 17, passed in 2011 concerning the castle law doctrine.
You are now no longer required to retreat before using deadly force if you are a victim of a home invasion and are now dutifully protected by law.

If someone simply enters your home as an unwanted guest, you are free to do what is necessary to eliminate that threat.


https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-333.aspx

And if you have been "assaulted and mugged" while legally carrying concealed in the state of Ohio or any other state that allows open or cc, then you might as well leave your gun at home.

 

[i.b.nora]

Thanks to Kevin for calling our attention to this message Tensing sent to a friend.

http://www.local12.com/news/feature...ibility-questioned-in-prior-case-180492.shtml

At about 3:29 in the video news report:

22:50:52+00
26 Aug 2010

“Yea supposedly his brother is a cop so he isn't talking and he hired an expensive lawyer so more power to him. We have to go over our story and get ready for”

 

[i.b.nora]

Search Warrant: Bags of marijuana found in Sam DuBose's car
WLWT5 Cincinnati
By: Ben Petracco, Digital Editor, [email protected]
Published On: Aug 04 2015 03:56:56 PM EDT
Updated On: Aug 04 2015 06:36:37 PM EDT

“WLWT has confirmed through CPD's search warrant inventory document that four bags and a jar of marijuana were in Dubose's car at the time of the July 19 traffic stop that ended in former UC Officer Ray Tensing fatally shooting DuBose.

However, multiple sources have told WLWT officers found a little less than 2 pounds of marijuana.

No officials were immediately able to confirm the amount of marijuana found.

*

Police sources said the street value for the amount of marijuana found in DuBose's car is anywhere between $2,000 and $5,000 depending on the quality and the demand.

Police said any marijuana weighing more than two pounds is considered a felony.

Officers said the search warrant was obtained two days after the deadly shooting.”​

http://m.wlwt.com/news/source-2-bags-of-marijuana-in-duboses-car-at-time-of-fatal-shooting/34533640