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Expert: Tensing's Statement To Police Doesn't Match Video

Cara Owsley
Terina Allen, left, and her mother Audrey DuBose comfort each other as video from the shooting death of DuBose's son, Sam DuBose is shown during the third day of testimony in the retrial of Ray Tensing.

A forensic video analyst testified Monday that Ray Tensing's body camera never fell below the level of Sam DuBose's car window prior to Tensing firing the shot that killed DuBose during a 2015 traffic stop.

Grant Fredericks broke down the body camera video frame by frame to show Tensing was looking down the barrel of his gun when he shot DuBose in the head.

After reviewing the footage, assistant prosecutor Stacey DeGraffenreid read Tensing's statement to police aloud, asking Fredericks to show where the video supports Tensing's description of the events.

"'And my hand and my left arm… somehow got caught or tangled up in the steering wheel as he's accelerating,'" DeGraffenreid read from Tensing's statement to police. Then, turning to Fredericks, "Can you show us that part of the video?"

"No," he answered. "There is nothing in the video that shows that."

A few minutes later, DeGraffenreid continued.

"'He still just continued to accelerate,'" DeGraffenreid read, "'and that's when I discharged one round.' To this part in the video that you've played so far, we haven't shown the shot being fired. Is that correct?"

"Correct," Fredericks replied

"And at this point in the video to the first shot, the car is not in motion, correct?," DeGraffenreid followed.


Credit Cara Owsley / Pool
Stew Matthews, center, attorney for Ray Tensing, at left, during the third day of testimony in his retrial. Asst Prosecutor Seth Tieger is at right.

The third day of testimony began with University of Cincinnati police officer David Lindenschmidt testifying there was "no question" he heard squealing tires followed by a gunshot as he was parking his vehicle.

Lindenschmidt was driving a patrol car July 19, 2015 when he and his training officer Philip Kidd responded to Ray Tensing's radio call that Sam  DuBose was "slow to stop." They arrived just as the fatal incident occurred.

Lindenschmidt said he couldn't say if Tensing was "moving with" DuBose's vehicle. He testified he saw Tensing fall back from the car and land on his behind.

Cincinnati police criminalist Jimmy Pham was called to review the evidence he collected and photographs he took at the crime scene.

Pham described finding the bullet casing from the fatal shot on the back floorboard of DuBose's car. He testified investigators later found the bullet among items on the front passenger seat floorboard of DuBose's car as well.

Among items found in the car, Pham lists .70 pounds of marijuana, 17 medication bottles made out to Sam DuBose, and 11 containers of unknown substances later determined to be various herbal remedies.

This information came out during cross-examination by the defense. Attorney Stew Mathews hasn't referenced DuBose's medical records, which were excluded during the first trial. The purpose of listing out the items now seems to be painting DuBose as a drug dealer. So far, the prosecution has not offered anything about DuBose's character.

Credit Cara Owsley / Pool
Grant Fredericks, a forensic video analyst, shows the body camera of Ray Tensing during the retrial of Tensing

The prosecution's expert forensic video analyst began his testimony Monday and it's expected to continue Tuesday. This is the same analysis Grant Fredericks detailed in the first trial.

Fredericks spent several minutes discussing how the body camera used by UC work. This includes using a variable refresh rate and use of meta-data. During a pre-trial hearing to certify experts for each side, the defense video expert testified his data is based on the body camera's fixed refresh rate.

Fredericks broke down the body camera video frame by frame for the jury. Pointing out that Tensing's hand was never caught in the steering wheel as he'd originally said. The video also shows, Fredericks says, Tensing grabbed DuBose's seat belt.

Fredericks testimony will continue Tuesday. Jurors could also hear from a use-of-force expert and someone who lead a training seminar Tensing attended.

Courtroom observers report all the jurors seemed attentive and awake Monday. One reports seeing Amy Tensing and Audrey DuBose embrace outside the courtroom following Monday's proceedings.

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