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Use-of-force expert: Tensing shooting of DuBose unjustified

443 views · Published 16 June 2017 · 2:42 · Indexed 21 September 2026

Channel: LOCAL 12 · 2017 · News & Politics

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CINCINNATI (WKRC) - An expert in use-of-force told jurors in the retrial of Ray Tensing Tuesday that Tensing's shooting of Sam DuBose was not justified and that Tensing’s tactical errors created much of the stress during the encounter.

Police Chief Scott Haug from Post Falls, Idaho is an expert in use-of-force and other police issues. He said Tensing should have simply stepped away from Dubose’s car and pursued him in his cruiser as he fled or awaited backup from Officers Kidd and Lindenschmidt.

Chief Scott Haug: “It’s my opinion that the force that he used was unreasonable in this circumstance:”
Seth Tieger: “And as far as the shooting of Mr. Dubose, was that justified?”
Chief Haug: “It was not justified in my opinion.”
Chief Haug said Tensing erred tactically when he “lunged” into DuBose’s vehicle, but he conceded on cross-examination that it was a rapidly-evolving situation and that DuBose’s gin bottle full of air freshener may have heightened Tensing’s suspicions.

Stew Mathews: “What we’ve all done here is looking at this event with 20/20 hindsight.”
Scott Haug: “Yes, we are looking at it with 20/20 hindsight considering all of the evidence:”

Haug also testified that it takes two seconds to draw and fire a weapon. A video analyst testified that Dubose’s vehicle moved only slightly less than a second before the shooting.

Donyetta Bailey of the Black Lawyers Association of Cincinnati said Haug’s testimony was strong and she believed the State had a good day.

“I think for defense counsel they have to prove that they acted as a reasonable officer would with like experience and training,” Bailey said. “So then when you have a use-of-force expert for the state come and say this is how you were trained and you violated your own training, then how do you still use that defense?”

Video analyst Grant Fredericks was back on the stand for a second day. He reiterated his opinion that Tensing was not dragged by Dubose’s vehicle and that he became “attached” to and moved with the vehicle only after the shot was fired. He also said the video did not back up Tensing’s story.

Stacey Degraffenreid: “Did you see any image in the video that shows Mr. Dubose pinning the defendant’s hand?”
Grant Fredericks: “No.”
Stacey Degraffenreid: “Did you see an image of the defendant’s hand stuck in the steering wheel?”
Grant Fredericks: “No.”
Fredericks refuted claims from Tensing’s attorney that he was a hired gun who tailored his opinion to match the state’s theory of the crime. He said Officer Kidd and Lindenschmidt could not have heard tires squealing from Dubose’s vehicle because the camera did not record such a sound but he said he did not believe they were lying. He said Tensing’s perspective would be different from the camera but said he was not being dragged as he fired the shot.

Stew Mathews: “Would you agree with me that that little camera doesn’t have a brain in it or any feelings?”
Grant Fredericks: “I would agree.”
Hamilton Twp. Police Chief Scott Hughes testified he taught a class on the proper way to conduct traffic stops and Tensing was a student in the class. He said he uses a photo that states police should never reach into a vehicle. The photos has “never” written on it in capital letters at least four times.

On cross examination, Mathews referenced Cincinnati Police officer Kevin Crayon who was dragged and killed after he reached into a car to grab keys. The juvenile driver was also killed. Hughes said police still reach into vehicles despite being trained not to do so.

Mathews: “Would you agree with me that it’s all good in theory?”
Chief Hughes: “Yes.”
Mathews: “And would you agree with me that it’s frequently not followed?”
Chief Hughes: “Yes.”
On Wednesday, several crime lab analysts will testify along with the pathologist who performed the autopsy on Sam DuBose.

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