Joe Deters: No third Ray Tensing trial

Update, 1:11 p.m. Tuesday: No third trial for ex-UC cop Ray Tensing in shooting death of unarmed motorist Sam DuBose.

Previous reporting: Two juries have failed to agree on an outcome in the case against Ray Tensing, and on Tuesday prosecutors will announce if there will be a third trial.

Hamilton County Prosecutor Joe Deters will hold a news conference Tuesday afternoon to announce if his office will pursue a third trial for the former University of Cincinnati police officer who fatally shot Sam DuBose in July 2015.

The first trial ended in November 2016 when the jury could not agree on a verdict and the judge overseeing the case at the time, Megan Shanahan, declared a mistrial. Last month, Hamilton County Common Pleas Judge Leslie Ghiz declared a second mistrial when another jury could not come to a decision.

More:Complaint filed against CPD sergeant who testified in Ray Tensing retrial

The jury vote in the second trial was more favorable to Tensing. His attorney, Stew Mathews, told The Enquirer that his understanding is the jury voted 8 to 4 to acquit on murder, 7 to 5 to acquit on voluntary manslaughter.

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.

Civil rights leaders and the family of DuBose have demanded a third trial for Tensing, who faces charges of murder and voluntary manslaughter in the fatal shooting of DuBose as he tried to drive away from a Mount Auburn traffic stop.

Deters said he can't try Tensing on lesser charges because he had legally run out of time to do so.

More:Mike Allen on Joe Deters not filing lesser Ray Tensing charges: 'Nobody to blame but himself'

Deters' office had previously delayed the decision to retry Tensing for a third time.