Judge to rule next week on dividing $5M DuBose settlement

Sam DuBose’s 13 children, his siblings, his mother and father are all seeking a share of a $5.3 million wrongful death settlement.

The fight over that money has ripped apart DuBose’s family. During testimony Wednesday in Hamilton County Common Pleas Court, family members walked out of the courtroom in anger, shook their heads in disbelief or accused each other of lying. There were tears.

“She's lying!” a man shouted at one point from the back of the packed courtroom.

Twenty-one people, including the 13 children, could be in line to receive some of the money. About one-third of it will go to attorneys.

“The whole DuBose family is broken-hearted about losing Sam,” his older sister, Terina DuBose-Allen, testified. “I am suffering… my siblings are suffering. My mother is devastated.”

Judge Ralph “Ted” Winkler is expected to decide April 20 about how the money will be divided and who will receive it.

DuBose – who was 43 when he was shot and killed last year by a University of Cincinnati police officer while trying to drive away from a traffic stop – wasn't married. State law gives his surviving children the right to oversee his estate. The settlement with UC was reached in January.

DuBose-Allen and her three siblings were among nine witnesses who testified at the day-long hearing. That testimony showed a clear divide between family on DuBose’s mother’s side and those on his father’s side.

They never married. DuBose’s father, Sam Johnson, testified he was sent to prison when DuBose was an infant. Johnson said he served five years, but after being released “was always there for him,” even though he and DuBose's mother were no longer together.

Audrey DuBose said Johnson was mostly absent from their son’s life.

“He was not there,” she testified. “I can’t say my son didn’t love him, but (Johnson) hurt him.”

DuBose family on settlement: ‘We can heal’

An attorney representing Johnson, Blake Maislin, said Sam DuBose had lived with Johnson several times over the years.

Both Johnson and Audrey DuBose will receive some portion of the settlement, the question is how much. Attorneys representing DuBose's children who are under 18 recommended Wednesday that Johnson receive 1 percent and Audrey DuBose receive 5 percent. Their attorneys recommended higher percentages.

DuBose had 13 children with 11 different women. They range in age from 4 to 23. One of those children was adopted by another family, and Winkler must decide whether she is entitled to a share.

DuBose-Allen testified that her brother didn't even know some of the children existed. He was involved in the lives of others, however.

DuBose, who had a recording studio and recorded and produced rap music, wanted to be a millionaire, his mother said.

"He said he's got to be able to take care of these kids," she said. "He lived big. He had big ideas."

DuBose settlement: Who wrote the check?

The DuBose settlement includes:

• payment to the DuBose family of $4.85 million.
• tuition-free undergraduate education at UC for DuBose’s children.
• an eventual on-campus memorial to DuBose.
• an apology from UC President Santa J. Ono.

The undergraduate education for the children was valued at half a million dollars.