The State of Ohio vs. Raymond Tensing

Transcription

1 363 Brunswick Rd., Ste. 7 Grass Valley, CA (877) info@precisionsim.com precisionsim.com The Scenario Document, Analyze, Visualize; Turn Jurors into Witnesses The State of Ohio vs. Raymond Tensing From CNN: What should have been a minor traffic stop led to the death of an unarmed Ohio father of 13. On July 19, 2015, University of Cincinnati Police Officer Ray Tensing pulled over 43-year-old Sam Dubose because of an allegedly missing front license plate. Tensing fatally shot Dubose after a tussle that was captured on the officer s body camera. He was fired from his job, arrested and indicted on murder and voluntary manslaughter charges. He was released from custody after posting a tenth of his $1 million bond. More than a year after pleading not guilty, Tensing s trial was set to begin Tuesday (November 1, 2016) -- but not without some last-minute controversy. Here s what you need to know ahead of opening statements. Page 1

2 After making the July 19 stop, Tensing asked DuBose for his license, which was suspended. When DuBose couldn t find it, Tensing grew frustrated and asked the motorist to undo his seat belt. Tensing, a 26-year-old officer with five years experience, tried to open the Honda Accord s door. But DuBose held it shut. After that, Tensing reached into the car-- and at that moment, his body camera shook out of focus. Shot fired! Shot fired! someone yelled moments later. DuBose s car rolled for about a block before crashing. He later died. The death of DuBose, who was black, happened in the same yearlong period that saw several controversial officer-involved shootings -- including those of Tamir Rice in Cleveland, Michael Brown in Ferguson, Missouri, and Walter Scott in North Charleston, South Carolina. What does Tensing say about the stop? Tensing said he had to fire his weapon after nearly being run over. Tensing noted that his hand had gotten caught in DuBose s car. I think I m OK, Tensing can be heard saying in the video. He was just dragging me. I thought I was going to get run over. I was trying to stop him. Tensing left the scene with another officer to get his hand checked out. The footage shows no one rendering aid to DuBose. Page 2

3 I know when you re supposed to use deadly force: You re supposed to use it when you have reasonable fear of great bodily injury, said Mark O Mara, an attorney for the DuBose family. There was none of that. Tensing s attorney believes he feared for his life. Did the video clear things up? Not much. It s hard to see what happens in key parts of the footage. It wasn t long before Tensing pulled out his gun -- though it s hard to hear the gunshot. There s a bang, but the camera shakes so much that viewers are unable to clearly see the shooting. The video eventually shows Tensing holding the gun in front of his chest after the car has moved away. It didn t take long for Tensing to lose his job and face an indictment for murder. At the time, Hamilton County Prosecutor Joe Deters called the shooting the most asinine act I ve ever seen a police officer make in decades. The University of Cincinnati later commissioned an independent review that found Tensing had led his police department in the number of stops and citations, as well as the racial disparity among those stopped. Earlier this year, (2016) the University of Cincinnati agreed to pay nearly $4.85 million to the DuBose family, provide free undergraduate education to his 13 children, invite the family to take part in meetings on police reform and issue a formal apology, a press release from the family said. Page 3

4 The Challenge Chief Trial Counsel Mark Piepmeier of the Office of Hamilton County Prosecuting Attorney provided PSI with materials related to the incident. This material included body camera footage, officers statements and physical evidence and PSI was tasked to complete an analysis of the event with the goal of determining the specific timings and motions of Officer Tensing, Sam Dubose and the Honda Accord driven by Mr. Sam Dubose. The Solution In order to complete the analysis, PSI reviews specific documents and evidence. The most critical of these are the following: July 21, 2015 interview of Officer Raymond Tensing Cincinnati Police Department 3D laser scan data of the incident scene Video/audio footage from Officer Tensing s TASER/AXON body camera Video/audio footage from two other officer s TASER/AXON body cameras Incident scene photos Evidence processing photos Specifications for 1998 Honda Accord, 3.0 liter, V6 Hamilton County Crime Lab report Hamilton County Coroner s Report Hamilton County Crime Lab Ballistic Report Page 4

5 3D Ballistic Trajectory Model Based on the autopsy report of note are the following: 1. There is a single perforating gunshot wound to the head. a. Entry is listed as 3.5 inches from the top of the head, 2.75 inches left of the midline and 5.25 inches posterior to the glabella. b. Exit is listed as 4.75 inches below the top of the head, 2.87 inches right of the midline and 6 inches posterior to the glabella. 2. The path of the bullet trajectory is listed as left to right, front to back and downward. PSI uses the measurements and descriptions of the wounds in the autopsy report to create a 3D model of Sam Dubose, 72 inches in height and placed on this model the entry and exit locations for the single gunshot wound that the report detailed. PSI created a bullet path on this 3D model connecting the entry and exit locations. We extend this bullet path in order to align it with the location and general height of Officer Tensing s weapon. Page 5

6 Laser Scanning and the 3D Working Model Physical Environment & Physical Evidence In order to determine the timings, motions and postures of Sam Dubose and Officer Tensing as well as the location and body posture of the victim when he received the gunshot wound, PSI needed to properly locate the people, vehicles and physical evidence within the overall incident scene. We used the 3D laser scanning data captured by the Cincinnati Police Department to generate an accurate and detailed 3D model of the scene. 3D laser scanning is a method of crime and accident scene documentation that uses a focused beam of laser light to measure the location of objects in the scene. The system sends out the laser beam up to 50,000/second, with each pulse measuring a portion of the scene. The millions of measurements that are returned create an accurate, thorough 3D model of the scene, preserving the scene in detail for later use in computer-aided analysis and visualization. The laser scanner was deployed at the scene on July 19th, The scene was measured from nine locations, generating approximately 82,000,000 measurements. PSI imported the data directly from the laser scan using software that retains all the physical scale and accuracy of the original measurements, while adding spatial and temporal tools that allow the effective computer-aided analysis and illustration of the data. Page 6

7 The 3D Working Model Likely Body Postures to Match the Single Gunshot Wound PSI performed an analysis to derive Sam Dubose s posture at the time he received the gunshot to the head. As Mr. Dubose was seated inside his 1998 Honda Accord at the time he was shot, PSI created a to-scale 3D model of his vehicle and imported this into the overall scene, combining it, the 3D model of his body with the gunshot wound path and the laser scanning data. We use the specifications obtained for this vehicle from counsel to create the 3D model of the Honda Accord. Upon review of the footage from Officer Tensing s body camera, PSI places the 3D model of Sam Dubose and the gunshot wound path into the 3D model of the Honda Accord and positioned the model of Mr. Dubose to match the posture shown on the video. This result is a wound path trajectory that originated near the open driver side window of the Honda, near the top of the window and visually matches the location of Officer Tensing s firearm at the frame where the sound of the gunshot is heard on the body camera footage. (Note: The audio and the video in this footage is not synchronized. This offset is detailed later and is taken into account). Page 7

8 Analysis of Timing Through Entire Series of Events The 3D model derived from the laser scan data provided an accurate incident scene in which the motions of the involved parties can be analyzed with respect to location and time. The audio and video footage from Officer Tensing s body camera provides the sole specific record of these timings and locations. PSI reviewed the footage in a frame by frame manner, noting the timing of both the audio and video for critical moments during the incident. During analysis, as PSI reviews the video as a series of still frames while viewing the waveform, or intensity, of the audio simultaneously, we see that the frame rate of the body camera was approximately 30 frames per second. This means that while viewing the footage in a frame by frame manner, each successive frame depicts the incident as it was 1/30th of a second after the previous frame. This provides the temporal resolution for the footage, potentially providing information about the locations, postures, speed and actions for Officer Tensing, Sam Dubose and the Honda Accord every 1/30th of a second. We then overlay the timecode, in frames, on the footage itself, providing an easily viewed reference to time while viewing the footage. Page 8

9 PSI also noted that there appears to be an offset between the sounds heard on the audio track and the corresponding visual imagery on the video track. This was apparent while playing the video and listening to the audio at the same time. PSI reviewed the audio and video closely to determine the offset time between the two tracks. We sampled multiple points during the footage and determined that the video lagged behind the audio by approximately 15 frames (15 frames/30 frames per second = 0.5 seconds) in each location tested. For example, at timecode , Mr. Sam Dubose says I have my license while the video evidence of his mouth moving to say this sentence does not start until frame = 16 frames. At frame , Sam Dubose says Run my name. The run is heard starting at frame 4263; my occurs at frame 4268 and name is heard ending at frame The video shows that Mr. Sam Dubose s mouth does not stop moving until frame = 14 frames. At frames , I heard Mr. Sam Dubose say What you pull me over for?. On the video, Mr. Sam Dubose s mouth stops moving as utters this sentence at frame = 15 frames. PSI witnessed this offset throughout the video, particularly noting that clear sound of the gunshot is heard on the audio at frame 5809 but there is no evidence of this shot on the video at this time the first clear evidence of it is on frame 5826 when Sam Dubose is seen beginning to drop his left arm and slump his head as a result of sustaining a fatal shot to the tempero-occipital region of his head. From this analysis, PSI determined that an offset of 15 frames/0.5 seconds was required to synchronize the audio and video portions of the body camera footage. As a side note, PSI has seen this type of offset many times in previous work with similar recording devices, so it is not a surprise or unexpected finding. PSI synchronized the video and audio, removing the offset for presentation at trial. Page 9

10 After Reviewing the Body Camera FootagePSI was able to determine the following: Where was Sam Dubose s Honda Accord while stationary after pulling over? PSI uses the 3D laser scan data in conjunction with the footage from Officer Tensing s body camera to determine the location of Sam Dubose s Honda Accord while stationary and before accelerating to impact with the guardrail and eventual impact with the telephone pole. In reviewing the body camera footage, the front driver s side wheel of the Honda Accord is adjacent to a distinctive oval shaped stain on the pavement. Specifically, this stain was aligned with the space between the rear of the front left tire and the leading edge of the driver s door. Reviewing the laser scan data in detail, and locating this stain, which appeared adjacent to evidence marker #2. PSI noted the 3D location of this stain in the laser scan data and created a marker in the 3D working model at the same location. We then positioned the 3D model of the 1998 Honda Accord to match the relative position seen in the video footage, with the pavement stain aligned with the space between the front left tire and the leading edge of the driver s door. This analysis provided the location of Sam Dubose s Honda Accord while stationary prior to accelerating forward and impacting with the guard rail and pole. Page 10

11 When did Sam Dubose s Honda Accord begin to move? The audio and video from Officer Tensing s body camera provide the sole information regarding the movement of the Honda Accord driven by Sam Dubose. In general, the footage shows the vehicle at rest for a portion of the exchange between Officer Tensing and Sam Dubose and at some point during the exchange it is clear that the Honda Accord has moved, as it continues out of the field of view of the body camera. Determining the time at which the Honda begins to move is a more complex process, as the reference for the video is Officer Tensing s body camera, which is itself in motion throughout the incident. In reviewing the video, there is a vehicle parked in the driveway adjacent to where Sam Dubose stopped his Honda Accord and was shot by Officer Tensing. Throughout the entire incident, this vehicle remains stationary and is useful as a fixed reference point against which to gauge the motion of the Honda Accord. This vehicle was captured in the 3D laser scan measurements, providing a specific reference for its location. PSI uses this data to position the 3D model of the vehicle (a 2007 Chevrolet Trailblazer) in the correct location within the 3D working model. Officer Tensing self-reported his height as 6 foot 3 inches during his interview. PSI created a 3D model of male human matching this height and placed a virtual camera on the model at mid-sternum height. The field of view for this virtual camera is set to 130 degrees to match the data proved by TASER on their website for the AXON camera. As this new 3D model is incorporated into the working model containing the laser scan data, and the 3D model of the 1998 Honda Accord stopped in the proper location, the 3D model of Sam Dubose with the gunshot wound path and the 3D model of the parked Chevrolet Trailblazer in the location documented in the laser scan data, thus completing the virtual working model. The working model combined with frame by frame review of the body camera footage established exactly when the Honda Accord begins moving. Page 11

12 When did Officer Tensing fire the single shot to Sam Dubose s head? PSI reviewed both the audio and video footage to determine when Officer Tensing fires the single shot that killed Sam Dubose. As noted previously, the audio and video are not synchronized on the body cam footage. The video is delayed from the audio by 0.5 seconds, therefore any event heard on the audio portion of the footage is seen on the video portion 0.5 seconds after it is heard. We review the waveform of the audio in a frame by frame manner and determine that the audio of Officer Tensing s gunshot was recorded by his body camera microphone at frame Given the 0.5 second/15 frame early, this means that the video shows the shot occurring at frame 5824 on the video timecode. After pinpointing the time of the gunshot on the audio track, PSI reviews the video for evidence of the shot being fired at or near frame 5824, as suggested by the 15-frame offset between the audio and video. Given the clear indication of the gunshot on the audio at frame 5809, the15- frame offset to the video and the evidence of loss of motor response at frame 5826, it is concluded that the gunshot occurred at or very near frame 5824 on the video timecode. Had the Honda Accord moved prior to Officer Tensing drawing his firearm? If so, how far and for how long? The video shows that the first evidence of Officer Tensing having drawn his firearm occurs at frame At this time, his firearm can be seen in his right hand, raised to about the level of the middle of the driver s window. Studies show that the average time for an officer to draw his firearm, raise it, acquire a sight picture and fire a single round is approximately 1.7 seconds. At frame 5797 when there is clear evidence of Officer Tensing having drawn his firearm, the Honda had not yet moved forward. Page 12

13 Had the Honda Accord moved when Officer Tensing fired the single round? If so, how far had it moved and for how long? Using the previously derived values: Onset of Honda motion from video evidence = frame 5800 Onset of Honda motion 3D Working Model = frame 5800 Onset of Honda motion from audio evidence = frame 5805 Officer Tensing fires single shot = frame 5824 The Honda had begun to move by the time Officer Tensing fired the single shot. In calculating the distance, it had moved in this time, PSI uses the previously derived acceleration value of 10.1 feet/ second/second. Given a start time of 5800, the Honda moves for 24 frames when Officer Tensing fires at or near frame At 10.1 feet/second/second, the Honda would have covered 3.2 feet when the shot was fired. Alternatively, if we used the audio of the Honda engine revving, which occurs at frame 5805, the Honda accelerated at 10.1 feet/second/second and covered 2.2 feet when Officer Tensing fired. Page 13

14 Was Officer Tensing dragged by the Honda Accord? If so, for what distance? During his July 21, 2015 interview, Officer Tensing repeatedly stated that he was dragged by the Honda driven by Sam Dubose. As he turned left, that s when I was getting dragged, um and my hand became free. It was to, to stop the threat. I believed at that point, when I was getting dragged by his vehicle, that he was actively trying to kill me. If getting dragged infers that it is involuntary to move with the vehicle, and that one is essentially helpless to avoid being moved along with the vehicle, then the video does not support the officer s claim. Officer Tensing was never caught within the moving Honda, as he was voluntarily hanging onto the seatbelt, Sam Dubose s shirt and the vehicle door frame. After the Honda moves forward, Officer Tensing is seen holding onto the vehicle until he lets go around frame By frame 5920, Officer Tensing is seen upright after tumbling and appears adjacent to a street sign across the street. At this location Officer Tensing regains his feet and begins running toward Sam Dubose vehicle, crashed against a pole. Using the 3D laser scan data, PSI measures the distance from the pavement stain to the street sign as approximately 21 feet. Therefore, Officer Tensing moved a total of 21 feet between losing his balance near the pavement stain and regaining his feet near the street sign. Page 14

15 Conclusions Officer Raymond Tensing shot and killed Sam Dubose with a single round in his head. The fatal shot occurred after Sam Dubose had moved his Honda Accord between 2 and 3 feet. When Officer Tensing drew his firearm from its holster, the Honda Accord driven by Sam Dubose had not yet moved. If Officer Tensing drew his firearm without an immediate intent to fire, then Officer Tensing decided to use his firearm to shoot Sam Dubose in the head when the Honda Accord had moved less than a foot, likely about 0.20 foot. If Officer Tensing drew his firearm with the intent to immediately fire it, as he stated in his interview, then Officer Tensing decided to use his firearm to shoot Sam Dubose in the head before the Honda Accord began to move. Approximately 2/3 of a second before he was shot in the head, Sam Dubose accelerated his Honda Accord at a rate of approximately 10 to 11 feet per second. Contrary to his statements, Officer Tensing did not get his arm caught in the steering wheel or any other part of the Honda Accord at any time during the event. Officer Tensing was not involuntarily dragged by Sam Dubose s vehicle. Throughout the entire time Officer Tensing was moving with the Honda Accord he was voluntarily holding onto various objects within the vehicle, including Sam Dubose s seatbelt and the driver s side door frame. For the majority of the distance that the Honda Accord drove from its stationary location to its ultimate point of rest, the driver Sam Dubose was dead or dying from a fatal shot to his head and not consciously controlling the vehicle. Officer Tensing held onto the moving vehicle for a total distance of approximately 18 feet, translating in the direction of the Honda s movement approximately 21 feet including the distance that he may have rolled after letting go of the vehicle. Page 15

16 The Trials Raymond Tensing was tried twice for the shooting death of Sam DuBose. Each trial ended with a hung jury, with each jury unable to reach an agreement that Tensing s actions were other than self-defense. In the first trial, the prosecution used a video expert to dissect the video footage frame by frame. This expert concluded, based solely upon the video, that Tensing had not been in danger at the time he fired the fatal shot. The Defense countered that Tensing had been in danger of being struck or run over by the fleeing vehicle. In the second trial, the prosecution again used the same video expert, who again limited his analysis solely to the frames of the video. However, in the second trial the Defense also hired a consultant, with no previous experience in video analysis, who, although he provided no rational or scientific basis for his conclusion, opined that Tensing had been in danger and that the vehicle had moved 9 feet at the time of the shot. PSI s analysis did not pick or choose which evidence on which to focus, but used all the available evidence for our analysis, as described above. Our conclusions were based upon: 1. The video from the body camera. 2. Audio from the body camera. 3. Laser scan of the environment. 4. Photogrammetry of the background seen in the video. 5. Ballistic trajectory analysis. 6. Performance characteristics of the specific make, model and year of the vehicle driven by Sam DuBose. Critically, what neither jury heard at trial, and should have heard in the proper pursuit of justice: 1. The audio was not well synchronized to the video, with a 0.5 second delay between the two. This factor affects any analysis that attempts to determine the relationship between the car moving and the firing of the fatal shot. Analysis that ignores this fact erroneously adds 0.5 seconds to the time of movement of the vehicle. 2. The vehicle moved a maximum of 3.2 feet. What the two juries never heard was the simple fact that, given the time between the car motion and the shot, (properly accounting for the audio delay) that NO passenger vehicle in production not the fastest Ferrari, Lamborghini, Porsche could move the claimed 9 feet in the time available. The fact that this vehicle was a 14-yr old Honda with 220,000+ miles on it only makes this point more compelling. This type of Jury simple explanation cuts through the math and pseudo-science offered by the Defense and explains the impossibility in a way that the jury can easily understand. Page 16

17 3. The most critical fact that neither jury heard relates to the question When did Officer Tensing decide he was going to fire a shot at Sam DuBose? The critical mistake made by the Prosecution was to allow the focus to be on when the bullet left the muzzle of the firearm, as opposed to when Tensing made the conscious decision to take Sam DuBose s life. Although Tensing fired that fatal shot a fraction of a second after Sam DuBose began to move the vehicle, Tensing drew his weapon well before the vehicle ever moved. In his deposition, Tensing admitted that he drew his weapon with the intent of firing it. Critically, this means that Tensing made the decision to fire at Sam DuBose before the vehicle ever moved. Multiple Human Factors studies have showed that it takes 0.4 seconds on average for an officer to pull the trigger in response to an expected stimulus. Given that the motion of the vehicle was likely not expected, the reaction time would be longer than 0.4 seconds. In addition, it takes an average of 1.7 seconds for an officer to draw their weapon from a holster, raise it to chest level, aim and shoot a single round. Tensing did not aim his firearm and therefore the reaction time would likely have been less than 1.7 seconds. A reasonable estimate between the 0.4 and 1.7 seconds would be 1.0 to 1.25 seconds. If one looks at the event 1.0 seconds prior to the fatal shot, it is clear that the vehicle has not moved at all in this time. Therefore, when Tensing made the decision to draw his weapon and fire it (the critical point as opposed to when his cognitive processes allowed him to actually pull the trigger) he was in no danger at all other than having Sam DuBose flee and escape the traffic violation of not having a front license plate. Page 17

18 Press - The First Trial CINCINNATI (FOX19) JENNIFER BAKER A mistrial has been declared in the murder trial of former University of Cincinnati Police Officer Ray Tensing. After about 24 hours of deliberating, the jury informed the judge Saturday morning that they were unable to come to a unanimous verdict. Tensing was charged with murder and voluntary manslaughter in the shooting death of Samuel DuBose. Deputies ushered Tensing out the back door of the courtroom after Hamilton County Judge Megan Shanahan announced the decision around 10:15 a.m. The murder trial of the former white police officer who shot and killed a black man at a traffic stop lasted one week, but its impact will be measurably much longer. The now-fired UC police officer shot DuBose after pulling him over on an off-campus street when he spotted the Honda Accord missing a front license plate on July 19, The entire exchange was caught on Tensing s police body camera. Page 18

19 Four jury members wanted to convict Tensing of murder, according to Hamilton County Prosecutor Joe Deters. The remaining eight elected to acquit him on the murder. The majority of jurors, eight total, voted to convict Tensing of voluntary manslaughter. Four wanted to acquit on that charge. Deters said his office will decide whether or not to retry Tensing by Nov. 28. Two experts for the prosecution and onef for the defense stand for the defense provided dueling testimony: Forensic video expert Grant Fredericks showed a frame-by-frame breakdown of Tensing s body camera video that DuBose wasn t dragged. DuBose s car appeared to slightly move forward only 800 milliseconds before the shot. Tensing pointed his gun at DuBose s head before the car moved. Police use of force expert Scot Haug testified Tensing s use of force was unreasonable in the unjustified shooting. He also said he found nothing to indicate Tensing was dragged and his decision to lunge into the car to knock out the key was technically unsound. James Scanlon, a police training expert with more than three decades experience as a police officer, also showed Tensing s body cam video frame-by-frame. He noted it showed DuBose presented several threat indicators with his conduct including DuBose putting his arm over Tensing as a serious, life-threatening act. He said Tensing was hung up in DuBose s Honda Accord and thrown violently DuBose took off and turned left into Tensing when Tensing shot him: I would be in fear of my life if I was in the situation. Page 19

20 Press - The Second Mistrial CINCINNATI, OH (FOX19) A mistrial was declared Friday in the murder retrial of former University of Cincinnati Police Officer Ray Tensing. After more than 31 hours of deliberating over 5 days, the jury informed Hamilton County Common Pleas Court Judge Leslie Ghiz they were deadlocked. Jurors told the judge they were almost evenly split in their decision. Tensing, 27, reacted by dropping his head into one hand and closing his eyes in obvious dismay. He left the courthouse without commenting. So did his lawyer, Stew Mathews. He later told FOX19 NOW he was frustrated and would not comment at this time. Tensing was charged with murder and voluntary manslaughter in the July 2015 shooting death of Samuel DuBose, 43. Several members of DuBose s family who were in the courtroom left the courtroom and walked out, emotional. They went into a private conference room, declining comment. Page 20

21 Press - No Third Trial CINCINNATI, OH (FOX19) The former University of Cincinnati Police officer who shot and killed a motorist during a traffic stop will not be tried for a third time. Hamilton County Prosecutor Joe Deters announced his decision against a retrial Tuesday - just a day shy of the two year anniversary of Sam DuBose s death. Tensing has been tried twice on charges of murder and voluntary manslaughter, but jurors could not agree on an outcome. Both ended in mistrials. This has been the most difficult decision of my career, Deters said. The prosecutor met with relatives of Sam DuBose before making his decision public. He said the family was upset and described their reaction as horrible. The Department of Justice is reviewing the case and could bring federal civil rights violations against Tensing, Deters said. Federal agents reached out to the prosecutor s office after the second mistrial. Prosecutors met with the Department of Justice to go through evidence about 10 days ago. Deters said he s hopeful in a federal case against Tensing. They [Department of Justice] could admit evidence that we could not before, Deters said, referring to the judge s decision to ban a controversial piece of evidence in the case. In the second trial, Prosecutors were prohibited from showing jurors the Great Smokey Mountains T-shirt depicting the Confederate flag Tensing wore under his police uniform the day he shot and killed DuBose. I think we could try this case 100 times and it would probably turn out the same every time, said Tensing s Attorney Stew Mathews. Prosecutors spoke with multiple jurors from both cases before deciding against a third trial. Page 21

22 Press - The Second Trial Craig Fries Interviewed - Missing Findings not Presented to Juries CINCINNATI, OH (FOX19) Follow the link below to watch the interview: As jurors deliberate for a third day in the Ray Tensing murder retrial, a forensic expert hired by the prosecution who never testified says the jury didn t hear what he calls critical findings. I am shocked that after two trials, the juries and people in the county still have not heard all the scientific evidence, said Craig Fries, founder and president of Precision Simulations in a phone interview Tuesday from his office in Grass Valley, California. Fries has created or directed over 1,200 3D forensic animations for use in criminal and civil litigation. He said he was hired by the county back in 2015, before the first trial, and was paid about $24,000 to analyze footage from Tensing s body camera. He said he analyzed the images and audio. Fries also analyzed the crash report and other evidence at the scene of the July 2015 traffic stop that ended with Tensing, then 25, fatally shooting DuBose, 43, in the head. Page 22

23 Tensing has said he fired his gun because he was being dragged from DuBose car and feared for his life. Prosecutors insist Tensing is lying and did not need to use deadly force. They indicted him on charges of murder and voluntary manslaughter. Fries said if Tensing is acquitted now after his first trial ended with a jury unable to reach a unanimous decision some of the blame would rest on the prosecution. They were made aware of this information but did not understand how much these nuances would mean. A second here is everything, he said. The forensic video expert who the prosecution did use to testify at both trials, Grant Fredericks, was incredibly thorough and did come up with the best analysis of the body camera footage, Fries stressed. Prosecution expert: Tensing shooting DuBose unjustified Page 23

24 Other critical finding Fries said he would have told jurors based on his analysis of all available evidence in the case: Tensing s gun fired after the car had moved a maximum of 3.2 feet. The video track on Tensing s body cam was delayed a half second later than the audio. This is very critical. A properly synchronized video is available. The vehicle moved a maximum of 3.2 feet in the maximum of 0.8 seconds before the shot was fired, based on performance data for that year Honda. The 7 feet claimed by the defense would require a muscle car. In Roder s report, he extended that to 2.4 seconds, but in testimony conceded that number to be the time after the engine started, not the time the car was moving, based on simple trigonometry. The vehicle moved an absolute maximum of 4 inches and possibly zero inches toward Tensing before he shot, based on simple trigonometry. It takes 0.4 seconds on average for an officer to pull the trigger in response to an expected stimulus. This certainly was not expected, and therefore would take have taken significantly longer. It takes an average of 1.7 seconds for an officer to reach for his firearm, u-holster it, raise it to chest level, aim and shoot one round. If these values are factored into the analysis and they must be then Tensing made the decision to shoot at DuBose well before the vehicle moved at all, Fries said. Page 24