UC to pay DuBose family $5.3M in settlement

Posted at 9:28 AM, Jan 18, 2016

CINCINNATI -- The family of Samuel DuBose settled with the University of Cincinnati for $4.85 million plus free tuition for DuBose's 12 children, the university announced Monday.

DuBose was shot and killed by UC police officer Ray Tensing in July. The shooting sparked national media attention and protests.

PHOTOS: Black Lives Matter protest of Sam DuBose's death

Al Gerhardstein, the civil rights attorney best known for his role in the U.S. Supreme Court ruling on same-sex marriage in 2015, took up the DuBose family's case shortly after the shooting.

"The family is taking Martin Luther King's words to heart," Gerhardstein said during a news conference Monday morning. "He told us to be peaceful when we are faced with tragedy, and this family has worked peacefully over the last few months to resolve this terrible, terrible tragedy."

But, while the settlement does represent some sort of resolution, DuBose's daughter, Raegan Brooks, said she's looking forward to the criminal trial against Tensing.

When asked if the settlement provides her any sense of closure, Brooks said, "In a way. Not really. I'm looking forward to the trial. That will be more justice for me."

Tensing's trial, where he will face a murder charge, has been delayed twice so far, with a pretrial hearing scheduled for Feb. 11.

Gerhardstein pointed to the importance of Tensing's body camera video footage in the case, calling it the "one truth teller on the scene" of the shooting.

Tensing's body camera video shows him shoot an unarmed DuBose point-blank, killing him as he sat behind the wheel of his car.

When asked if the settlement indicated an acknowledgment of guilt from the university, UC's attorney Nate Lampley, Jr. said, "It is an acknowledgment of a tragedy and an attempt to resolve it in a manner that was fair to both sides."

Lampley said talks between DuBose's family and the university began several months ago, and the agreement was mediated last week.

"I think both sides were equally motivated to get this matter resolved," Lampley said. "It just didn't make sense to have that uncertainty on both sides persist. It made sense for both sides to sit down in good faith and attempt to negotiate a resolution."

When he heard the news, Tensing's attorney Stew Mathews simply responded "Wow."

Mathews then said he didn't believe the settlement would impact the criminal case at all.

MORE: Watch the body cam video from the fatal traffic stop

EXTRA: Read the full text from the UC traffic stop

DuBose's 12 children will all receive free undergraduate tuition and fees, a press release from UC said, which they valued at approximately $500,000. The estimated monetary value from the settlement equals roughly $5.3 million.

The settlement also includes an "appropriate memorial commemorating Samuel DuBose" on UC's campus, a formal apology issued by university president Santa Ono, and an invitation for the DuBose family to take part in UCPD's Community Action Council to help aid campus police reform.

The settlement decision was announced on Martin Luther King Jr. Day; WCPO Insider Cartoonist Kevin Necessary depicted the civil rights leader in a cartoon responding to the murder charge in DuBose's death announced at the end of July.