NEWS

How will judge divide DuBose settlement?

Kevin Grasha
kgrasha@enquirer.com
Raegan Brooks, Sam DuBose’s 18-year-old daughter, listens to closing arguments during  Hamilton County probate court where Judge Ralph “Ted” Winkler will decide how the settlement of a where $4.85 million a wrongful death settlement will be divided among family members. Photo shot Wednesday April 20, 2016.

A Hamilton County probate judge is deciding how to divide $4.85 million among as many as 21 family members of Sam DuBose who are seeking a share of a wrongful death settlement.

After attorneys in the case made final arguments Wednesday, Judge Ralph “Ted” Winkler said he will issue a ruling at a future court hearing. He did not give a time frame. A hearing about how to divide the money began last week.

An attorney for the administrator of DuBose’s estate recommended that 12 of his children receive 90 percent of the money. The attorney, Konrad Kircher, also recommended that DuBose's mother receive 5 percent, his father 1 percent, and four siblings on his mother's side 1 percent each. He said the siblings on DuBose's father's side should not receive any money. There is a question about whether a 13th child, a daughter who was adopted by a single mother, can legally receive a share.

Attorney seeking Sam DuBose medical records

On Wednesday, Winkler said he expected his decision will be "towards the mark" of Kircher's recommendations. About the daughter who was adopted, Winkler said he wants to help her because she "didn't do anything wrong."

"I'll do whatever I can within the law to help her," he said.

DuBose's father and mother never married, and he had 13 children with 11 different women. The children range in age from 4 to 23. He had siblings on both his mother's and father's side. A fight over the settlement has "shattered" the family, according to one attorney.

DuBose, 43, was shot and killed last year by a University of Cincinnati police officer as he tried to drive away from a traffic stop. A settlement with the university was reached in January. The now-former officer, Ray Tensing, is awaiting trial on a murder charge.

UCPD created 'no-fly zone' DuBose drove through

About one-third of the settlement money will go to attorneys. As part of the settlement, UC agreed to provide a tuition-free undergraduate education for all 13 children. That's valued at $500,000, bringing the total settlement to $5.3 million.