CINCINNATI – The U.S. Attorney’s Office for the Southern District of Ohio, in consultation with the Justice Department’s Civil Rights Division, announced today they have concluded their review of the July 2015 fatal shooting of Samuel DuBose by former University of Cincinnati police officer Raymond Tensing without filing criminal charges against the former officer. The FBI has similarly concluded its investigation.
Justice Department officials have notified Mr. DuBose’s family of this decision via the family’s counsel.
Federal civil rights statutes – which are written by Congress – require federal authorities to prove beyond a reasonable doubt unanimously to a jury of twelve that a defendant willfully used unreasonable force with the specific intent of violating a victim’s constitutional rights. To establish willfulness beyond a reasonable doubt, federal authorities would be required to prove beyond a reasonable doubt that the former officer acted with the deliberate and specific intent to do something the law forbids. This is one of the highest standards of intent imposed by law.