Ohio prosecutors announced Tuesday that they will not seek a third trial against Ray Tensing, a former University of Cincinnati police officer charged with murder in the 2015 death of an unarmed driver.
Tensing has been tried twice for murder and involuntary manslaughter in the death of 43-year-old Samuel DuBose. Both cases, the most recent of which ended last month, concluded in mistrials after the juries said they were deadlocked.
Hamilton County Prosecuting Attorney Joe Deters said the decision "rips my heart out," but that he didn't feel he would be able to bring a successful case against Tensing.
"After discussing this matter with multiple jurors — both black and white — they have, to a person, said to us that we will never be able to get a conviction in this case," Deters said, later he added:
"After two trials and a million dollars, the best lawyers I could come up with were unsuccessful at conviction. I've concluded we cannot win a trial on this case in these facts."
Deters said he has turned the case over to the U.S. attorney's office for a potential civil rights violation, which could potentially present evidence of racial profiling that was prohibited by a judge during the most recent trial, NBC News reports.