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| Samuel DuBose shooting was due to 'critical errors in judgment', report finds | |
| (35 minutes later) | |
| The fatal shooting of an unarmed black man by a former University of Cincinnati police officer occurred as a result of “critical errors in judgment” and “poor police tactics” by the officer who killed him, according to an independent report released on Friday. | The fatal shooting of an unarmed black man by a former University of Cincinnati police officer occurred as a result of “critical errors in judgment” and “poor police tactics” by the officer who killed him, according to an independent report released on Friday. |
| Samuel DuBose was fatally shot on 19 July by officer Ray Tensing, 26, of the University of Cincinnati’s police department during a routine off-campus traffic stop. Tensing has since been charged with murder, and a trial is expected to begin later this year. He was summarily fired. | Samuel DuBose was fatally shot on 19 July by officer Ray Tensing, 26, of the University of Cincinnati’s police department during a routine off-campus traffic stop. Tensing has since been charged with murder, and a trial is expected to begin later this year. He was summarily fired. |
| The 69-page report follows an investigation by Kroll Inc, an investigative firm retained by the university to conduct an independent review of the shooting and analyze conduct by UC personnel in wake of the incident, which sparked a series of impassioned protests. | The 69-page report follows an investigation by Kroll Inc, an investigative firm retained by the university to conduct an independent review of the shooting and analyze conduct by UC personnel in wake of the incident, which sparked a series of impassioned protests. |
| Related: Two other officers at Samuel DuBose shooting scene will not be charged | Related: Two other officers at Samuel DuBose shooting scene will not be charged |
| The report focuses on Tensing’s initial tactics, demeanor and approach with DuBose, following what Kroll said was a “lawful and justified traffic stop” for not having a front license plate. | The report focuses on Tensing’s initial tactics, demeanor and approach with DuBose, following what Kroll said was a “lawful and justified traffic stop” for not having a front license plate. |
| The officer’s attempt to determine if DuBose had a valid driver’s license was “professional, calm, tactically sound, and appropriately inquisitive”, the report said. But, it continued, Tensing “thereafter made critical errors in judgment and exercised poor police tactics that created a hazard of serious bodily injury of death and heightened the risks of a dangerous escalation.” | The officer’s attempt to determine if DuBose had a valid driver’s license was “professional, calm, tactically sound, and appropriately inquisitive”, the report said. But, it continued, Tensing “thereafter made critical errors in judgment and exercised poor police tactics that created a hazard of serious bodily injury of death and heightened the risks of a dangerous escalation.” |
| Instead of letting DuBose drive away and call in for assistance, Tensing, who is white, escalated the situation by “improperly reaching into the car in an attempt to restrain DuBose”, the report states. | Instead of letting DuBose drive away and call in for assistance, Tensing, who is white, escalated the situation by “improperly reaching into the car in an attempt to restrain DuBose”, the report states. |
| “This violated standard police practice, critical to officer safety, which is taught as part of basic training in the police academy and is reinforced by UCPD Field Training Officers on patrol with Officers-in-Training,” the report continues. | “This violated standard police practice, critical to officer safety, which is taught as part of basic training in the police academy and is reinforced by UCPD Field Training Officers on patrol with Officers-in-Training,” the report continues. |
| Related: Samuel DuBose held up bottle of fragrance not alcohol, coroner says | Related: Samuel DuBose held up bottle of fragrance not alcohol, coroner says |
| Body-camera footage released the day Tensing was indicted for murder by a grand jury confirmed the situation escalated almost instantly. The video shows Tensing firing on DuBose at close range moments after he said he was “dragged” by the vehicle. The claim was later dismissed as an attempt to mislead investigators and as “making an excuse for the purposeful killing of another person” by Hamilton County prosecutor Joseph Deters, who charged Tensing with murder. Kroll also found no evidence that Tensing was dragged. | Body-camera footage released the day Tensing was indicted for murder by a grand jury confirmed the situation escalated almost instantly. The video shows Tensing firing on DuBose at close range moments after he said he was “dragged” by the vehicle. The claim was later dismissed as an attempt to mislead investigators and as “making an excuse for the purposeful killing of another person” by Hamilton County prosecutor Joseph Deters, who charged Tensing with murder. Kroll also found no evidence that Tensing was dragged. |
| “The fatal shooting of Samuel DuBose during an off-campus traffic stop on July 19 never should have occurred,” the report stated. “This incident, which resulted in a tragic loss of life, was entirely preventable.” | “The fatal shooting of Samuel DuBose during an off-campus traffic stop on July 19 never should have occurred,” the report stated. “This incident, which resulted in a tragic loss of life, was entirely preventable.” |
| As a result of the report, an “early warning” system has been implemented to flag problematic officers for poor behavior, Robin S Engel, UC vice-president for safety and reform, said at a press conference. “It’s an accountability mechanism that is now in place at UCPD.” | As a result of the report, an “early warning” system has been implemented to flag problematic officers for poor behavior, Robin S Engel, UC vice-president for safety and reform, said at a press conference. “It’s an accountability mechanism that is now in place at UCPD.” |
| The UC director of public safety, James Whalen, said on Friday that Tensing was an outlier, and it’s unknown whether the new warning system would have prevented the incident from occurring, but conceded: “We need to up our game.” | The UC director of public safety, James Whalen, said on Friday that Tensing was an outlier, and it’s unknown whether the new warning system would have prevented the incident from occurring, but conceded: “We need to up our game.” |
| Kroll also highlighted an upward trend in recent years of traffic stops by the university’s police department, which currently has 72 sworn officers – a headcount increase from 45 in 2012. | Kroll also highlighted an upward trend in recent years of traffic stops by the university’s police department, which currently has 72 sworn officers – a headcount increase from 45 in 2012. |
| “The rapid growth in the size of the UCPD has resulted in more officers assigned to off-campus patrols in marked patrol cars,” the report states. “This in turn has led to more active traffic enforcement efforts by the UCPD officers on patrol, resulting in more car stops and potentially adversarial encounters with residents and citizens of the surrounding communities.” | “The rapid growth in the size of the UCPD has resulted in more officers assigned to off-campus patrols in marked patrol cars,” the report states. “This in turn has led to more active traffic enforcement efforts by the UCPD officers on patrol, resulting in more car stops and potentially adversarial encounters with residents and citizens of the surrounding communities.” |
| In 2013, the report found, UC police conducted 713 traffic stops. This year, through 31 July, the department had tripled that amount, with a total of 2,208 stops. | In 2013, the report found, UC police conducted 713 traffic stops. This year, through 31 July, the department had tripled that amount, with a total of 2,208 stops. |
| The additional police presence, however, has reduced crime in recent years, Kroll wrote, saying crime statistics back up the assertion. | The additional police presence, however, has reduced crime in recent years, Kroll wrote, saying crime statistics back up the assertion. |
| The university has since suspended off-campus traffic stops. The UC police department has also vowed to join the Cincinnati police department’s “collaborative agreement,” a deal that implemented new training and transparency policies focused on community policing, following riots in 2001 after an unarmed black man was fatally shot by an officer. | The university has since suspended off-campus traffic stops. The UC police department has also vowed to join the Cincinnati police department’s “collaborative agreement,” a deal that implemented new training and transparency policies focused on community policing, following riots in 2001 after an unarmed black man was fatally shot by an officer. |
| Engel emphasized the report was only concerned with whether UC personnel acted within compliance, and wouldn’t offer an opinion of any alleged criminal wrongdoing by Tensing. | Engel emphasized the report was only concerned with whether UC personnel acted within compliance, and wouldn’t offer an opinion of any alleged criminal wrongdoing by Tensing. |
| “We leave that decision to the criminal adjudication process in the Hamilton County courts,” Engel said. | “We leave that decision to the criminal adjudication process in the Hamilton County courts,” Engel said. |
| Nevertheless, the report takes pains to chastise Tensing, saying his remarks to responding officers at the scene of the shooting “cannot be reconciled with the evidence”. | Nevertheless, the report takes pains to chastise Tensing, saying his remarks to responding officers at the scene of the shooting “cannot be reconciled with the evidence”. |
| “Although Tensing’s statements immediately after the shooting can be properly discounted as made during his initial shock from the incident and possibly while under extreme psychological stress, he was provided ample opportunity to clarify those initial assertions two days later when he appeared at [the Cincinnati Police Department] with his attorney,” the report states. | “Although Tensing’s statements immediately after the shooting can be properly discounted as made during his initial shock from the incident and possibly while under extreme psychological stress, he was provided ample opportunity to clarify those initial assertions two days later when he appeared at [the Cincinnati Police Department] with his attorney,” the report states. |
| “Unfortunately, no such clarification occurred.” | “Unfortunately, no such clarification occurred.” |
| A message was left for Tensing’s attorney, Stew Matthews, seeking comment. | A message was left for Tensing’s attorney, Stew Matthews, seeking comment. |
| The two officers who responded to the scene, Phillip Kidd and David Lindenschmidt, were placed on administrative leave after their bodycam footage of the incident was released. It shows both were behind officer Tensing at the time the shooting occurred. | The two officers who responded to the scene, Phillip Kidd and David Lindenschmidt, were placed on administrative leave after their bodycam footage of the incident was released. It shows both were behind officer Tensing at the time the shooting occurred. |
| Deters declined to bring any charges against these officers, saying Kidd and Lindenschmidt were “totally cooperative” in the investigation and consistent in their statements. The prosecutor said there was “some confusion over the way the initial report was drafted” but added the document was “not a sworn statement by the officers” and “merely a short summary of information”. | Deters declined to bring any charges against these officers, saying Kidd and Lindenschmidt were “totally cooperative” in the investigation and consistent in their statements. The prosecutor said there was “some confusion over the way the initial report was drafted” but added the document was “not a sworn statement by the officers” and “merely a short summary of information”. |
| Although the Kroll report suggested Kidd and Lindenschmidt erred in their handling of the scene, it further vindicated the officers of any wrongdoing, despite the objections of protesters. | Although the Kroll report suggested Kidd and Lindenschmidt erred in their handling of the scene, it further vindicated the officers of any wrongdoing, despite the objections of protesters. |
| In particular, the report said, “Lindenschmidt erred in his initial attempt to assist with properly securing the scene … his mistakes were unintentional and do not appear to have materially impacted the investigation.” Furthermore, although Kidd made assertions on the night of the shooting of “questionable” accuracy, the report says “he properly clarified any ambiguities or questions concerning what he did and did not observe.” | In particular, the report said, “Lindenschmidt erred in his initial attempt to assist with properly securing the scene … his mistakes were unintentional and do not appear to have materially impacted the investigation.” Furthermore, although Kidd made assertions on the night of the shooting of “questionable” accuracy, the report says “he properly clarified any ambiguities or questions concerning what he did and did not observe.” |
| “Kroll found no evidence which suggests that Officer Kidd or Lindenschmidt knowingly and intentionally violated UCPD policies, procedures, or the laws of Ohio,” the report states. | “Kroll found no evidence which suggests that Officer Kidd or Lindenschmidt knowingly and intentionally violated UCPD policies, procedures, or the laws of Ohio,” the report states. |
| The report recommended that: | The report recommended that: |
| Engel noted the significance of the university’s response to the incident, and how DuBose’s death has come amid intense scrutiny of police-involved shootings nationwide, particularly of unarmed black men. | |
| “Everyone is watching Cincinnati,” she said. | “Everyone is watching Cincinnati,” she said. |
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