Judge awards control of Sam DuBose's estate

Posted at 4:20 PM, Nov 19, 2015
and last updated 2015-11-19 16:20:45-05

CINCINNATI – A judge ruled Thursday in the feud between Sam DuBose's parents over who would control his estate.

DuBose’s 18-year-old daughter Raegan Brooks was appointed the administrator. Her father, a  43-year-old musician and music producer, was shot and killed by University of Cincinnati police officer Ray Tensing during a traffic stop last summer.

DuBose's mother Audrey was well on her way to settling a wrongful death claim against UC, but attorney Blake Maislin filed to be administrator on behalf of DuBose's father, Samuel Johnson.

DuBose's father is not allowed to be administrator because of his criminal record, so a probate judge had to decide who would control the money.

DuBose has 11 kids and they wanted his mother to be in charge, said Audrey DuBose's attorney, Michael Wright.

"All the family has agreed to Miss Audrey to be the administrator except for Sam Johnson, the father, who is ineligible to be the administrator," Wright told WCPO after a recent hearing. "To hire this lawyer who never met Sam - he knows nothing about the family - for him to be the administrator,  that's unthinkable."

But Maislin said it's "not unusual."

"Our firm has done it before. Other firms have done it. It happens a lot of times when some family members don't get along," Maislin said.

Tensing has been charged with murder and voluntary manslaughter, Body camera footage shows Tensing shooting DuBose in the head during a traffic stop on July 19.

Tensing pleaded not guilty.

 A judge will meet with prosecutors and defense attorneys for a pre-trial hearing in December.

Both sides were scheduled to talk with Judge Megan Shanahan on Monday to tell where they are in processing trial information. That meeting was postponed until Dec. 15 to allow for more discovery.

However, it’s expected that the trial will not start before the end of the year because of major holidays this month and in December.