There won’t be a third trial in the case against Ray Tensing, Hamilton County Prosecutor Joe Deters announced Tuesday.
The former University of Cincinnati police officer stood trial twice in the fatal shooting of Sam DuBose – both ended in mistrials after jurors could not agree on verdicts.
"My opinion of this case has not changed as of two years tomorrow and it is not going to change," Deters said.
The case has been referred to the federal court of Southern Ohio for potential civil rights violation, Deters said, adding the federal case has a much better chance to land a conviction.
"We left nothing on the table. It's incredibly disappointing professionally," Deters said. "It's disappointing personally. My heart breaks for the DuBose family."
The jury vote was less favorable to the prosecution in the second trial, which ended last month.
It is believed the jury voted 8 to 4 to acquit on murder, 7 to 5 to acquit on voluntary manslaughter.
"There are two visions of what is going on in the country. It's not just Hamilton County, it's the country. It's heartbreaking," Deters said of the two juries being unable to reach a decision.
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.
There had been speculation that Deters would go back to a grand jury and seek lesser charges, such as reckless homicide. During a July 5 interview on 700WLW, Deters said he can't do that because legally he had run out of time.
During the second trial, prosecutors made a formal request to Hamilton County Common Pleas Judge Leslie Ghiz, to have the jury consider reckless homicide, but Ghiz said the evidence didn’t support it.
"To say that we overcharged him is absolutely idiotic. When someone says I intentionally shot someone in the head, that's purposeful. That's murder unless it's justified," Deters said.
Tensing was indicted in July 2015 on charges of murder and voluntary manslaughter, 10 days after he fatally shot DuBose as he tried to drive away from a traffic stop.
Deters said he told the DuBose family of his decision before the public announcement.