A Hamilton County judge declared a mistrial on Nov. 12 in the case of Ray Tensing after the jury could not reach a verdict on either murder or manslaughter charges against the University of Cincinnati police officer's shooting of Sam Dubose in July 2015.
Tensing's body camera footage showed him trying to open Dubose's car door when the black man refused to get out of the car, asking the officer repeatedly why he had been pulled over. Dubose’s vehicle was missing a front license plate.
After the shooting, Tensing had originally said that he had been dragged by the car before firing into it, hitting Dubose in the head. Dubose died at the scene.
The footage, however, showed the car slowly rolling away and Tensing shooting into the car just seconds after a scuffle erupted.
"After careful consideration, I have decided that the Tensing case will be retried," Hamilton County prosecutor Joseph Deters said in a statement.
Deters said he had reached his decision after reviewing the trial transcript and consulting with staff and jury members.
"I am hopeful that a second jury will be able to reach a decision to bring justice in this case for the victim's family and our community," Deters said.
Deters told WCPO he believed he could win the case in a retrial.
"I believe he intentionally shot Sam DuBose in the head and it wasn't justified, period," Deters said. "In the country I love, you don't get shot in the head for leaving a traffic stop."
If convicted, Tensing faces life in prison.