Decision about 3rd Tensing trial to be announced after July 10

Update Tuesday 10:55 a.m.: Hamilton County Prosecutor Joe Deters will not announce a decision about retrying Ray Tensing this week. 

That announcement will now happen until the week of July 10, a spokeswoman said. No other details were given.

Previous reporting: As Hamilton County Prosecutor Joe Deters decides whether to pursue a third trial in the case against Ray Tensing, he will be looking at the final jury vote.

Tensing’s attorney, Stew Mathews, said Monday that his understanding is the jury voted 8 to 4 to acquit on murder, 7 to 5 to acquit on voluntary manslaughter.

On Friday, in announcing that jurors couldn't agree on a verdict, Hamilton County Common Pleas Judge Leslie Ghiz said the jury told her in a note, “We are almost evenly split regarding our final votes.”

The final vote on the manslaughter count was nearly the opposite of how jurors in the first trial last year are believed to have voted. That jury voted in November 8 to 4 to convict on the manslaughter charge, Deters has previously said.

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Jurors in both trials were instructed to try to decide the murder count first before moving on to the lesser charge of voluntary manslaughter.

Deters is expected to announce his decision about a third trial sometime this week. He declined to comment Monday.

After the first trial, Deters said he would consider the probability of a conviction in a retrial.

“If we think we can win it, we're going to do it,” he told The Enquirer last year.

But during the retrial, there were indications the prosecution had become less confident in its case. The morning after calling the state's last witness, Assistant Prosecutor Seth Tieger asked Ghiz to allow the jury to consider the lesser charge of reckless homicide. Ghiz denied the request.

Also, a day before prospective jurors were due at the courthouse to fill out questionnaires, Deters granted an interview to a local television news reporter and talked about how Ghiz could add lesser charges for the jury to consider. A gag order was in place at the time.

The interview led Ghiz, who previously worked for Deters' office in the family law division, to threaten sanctions including fines.

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One option available to Deters is to dismiss the murder and manslaughter charges, take the case to a grand jury and ask them to issue a new indictment on a lesser charge of reckless homicide, said former county prosecutor Mike Allen. Reckless homicide carries a penalty of nine months to three years in prison.

Deters, however, is faced with his previous statements about the case. At a 2015 news conference announcing charges against the former University of Cincinnati police officer, he called the shooting "murder." Tensing, he said, “purposefully killed” Sam DuBose as DuBose tried to drive away from a July 19, 2015 traffic stop.