Ohio police officers charged with reckless homicide

The charges come more than six months after Frank E. Tyson, 53, died after a struggle with police.

CANTON, Ohio – Two Ohio police officers have been charged with reckless homicide in the death of one Black man who begged: ‘I can’t breathe’ several times while being stopped by police earlier this year, prosecutors said.

County police officers Beau Schoenegge and Camden Burch, both 24 years old, were booked into the Stark County Jail on Friday. Their arrests came after a Stark County grand jury indictments issued against them.

Schoenegge and Burch were each charged with reckless homicide because it was “the most accurate” description of the crime they committed, Stark County Prosecutor Kyle Stone said at a news conference Saturday. Under state law, the third-degree felony charge carries a maximum penalty of three years in prison and a $10,000 fine.

“No one is above the law, and no one is so far below it that they don’t deserve its protection,” Stone said.

The charges come more than six months after Frank E. Tyson, 53, died after a struggle with police on April 18 at an AMVETS building in Canton, a city about 60 miles southeast of Cleveland. The incident led to public outrage and protests when Bobby DiCello, an attorney for the Tyson family, said it was on the Murder of George Floyd in 2020 in Minneapolis.

Both Tyson and Floyd repeated the words “I can’t breathe” before their deaths.

Inhabitants of the canton city officials called to hold police officers accountable and leaders in the local black community noted that police have mistreated black residents. The NAACP has also called on the U.S. Department of Justice to investigate the Canton Police Department.

In recent years, the city police have been involved several high-profile confrontations. Tyson’s case was the third fatal incident involving Canton police officers heard by a grand jury this year. In the previous cases, the grand jury did not indict the officers.

Response to charges in the Frank Tyson case

Many in the group of about 50 people chanted refrains like “No justice, no peace” as Stone left Saturday’s news conference. DiCello held a press conference immediately after Stone to speak about the charges.

“Now we know who the bad guy is,” DiCello said. ‘It wasn’t Frank. The charge tells you who to focus on.”

Earlier Saturday, DiCello said in a statement that the Tyson family is asking for people’s “continued support as they witness the criminal process unfolding.”

“Today, the family of Frank Tyson breathes a brief sigh of relief, knowing that the officers who participated in Frank’s inhumane and brutal death will not escape prosecution for their actions,” DiCello said in the statement. “This moment of relief is bittersweet because it makes official what they have known for a long time: Frank is a murder victim and does not deserve to be suffocated.”

Cassandra White, whose son Zachary Fornash was fatally shot by a Canton police officer also spoke at the press conference last year. Fornash allegedly threatened two people with a gun before he was shot on December 5, 2023.

The incident took place in less than a minute and an Ohio Bureau of Criminal Investigation report later found that the weapon Fornash was carrying was a pellet gun. A grand jury in September cleared the police officer of any crime.

“These officers need training in excessive force,” White said. “They need training in de-escalation.”

Stark County NAACP President Hector McDaniel told The Canton Repository, part of the USA TODAY Network, that his organization stands for transparency and accountability. McDaniel said the NAACP strives for consistency in criminal prosecutions, regardless of whether average citizens or law enforcement agencies are involved.

“We are very pleased that both officers, in our opinion, are facing charges that are consistent with the conduct that we saw,” McDaniel said. “We believe we are moving in the right direction towards transparency, accountability and truth.”

Thomas West, CEO of the Greater Stark County Urban League, said in a prepared statement that the allegations are consistent with what many expected after watching the April video footage.

“We now urge the justice system to act quickly and hold those responsible for this tragic death fully accountable,” he said. “This incident, along with several others that followed, highlights a disturbing trend – one that suggests some law enforcement officials are convinced they are above the law.”

“While the initial arrest of the officers involved was a necessary first step, it is critical that the dismissal of the officers involved and the prosecution that follows to send a clear message that such behavior will not be tolerated and met full force will be fought. the law,” West added.

Frank Tyson’s fatal confrontation with the police

Tyson, of Canton Township, died April 18 after an encounter with police at the AMVETS building. Tyson had entered the club after crashing a vehicle into a nearby utility pole.

Tyson was confronted by police inside the club, where a struggle ensued and he was placed in handcuffs. Police CCTV footage showed Tyson face down on the ground with his arms handcuffed behind his back for almost eight minutes before an officer realized he could not feel a pulse.

The footage also showed the officers taking Tyson to the ground as he screamed that police officers were trying to kill him. One officer placed his knee on Tyson’s upper back and neck for about a minute while another officer handcuffed him.

Tyson said “I can’t breathe” several times, the footage shows. “You’re doing fine,” one of the officers replied, his hand around Tyson’s handcuffed wrist, before adding, “Shut up.”

Less than a minute after being handcuffed, Tyson fell silent.

A preliminary autopsy report released in August, ruled that Tyson’s manner of death was a homicide and that the cause of his death was a combination of acute intoxication by cocaine and alcohol, obesity, cardiovascular disease and cardiac arrest, which meant that his breathing and blood circulation stopped, coupled with a physical altercation and restraint.

Schoenegge and Burch were initially placed on administrative leave, but later returned to limited duty. Canton police turned the investigation over to the police Ohio Attorney General’s Bureau of Criminal Investigation – which is common in situations where a local officer shoots or kills someone.

The union representing police accuses local officials of playing politics

The president of the union representing Canton police supervisors issued a statement Saturday afternoon accusing politicians and community leaders of exploiting Schönegge and Burch as “political tools.”

“Our officers dedicate their lives to protecting this city and making sure every citizen feels safe, often at great personal risk and sacrifice,” wrote Craig M. Riley, chairman of the Fraternal Order of Police Ohio Labor Council Gold Unit. “I sympathize with the Tyson family and their grief over the tragic death of Frank Tyson. It always hurts to lose someone close to us, no matter the circumstances.”

Riley said the Fraternal Order of Police recognizes that policing, like all other professions, can improve and noted that “real progress” comes from collaboration, investment and open communication. But he noted that the timing of the indictment was “coincidentally convenient” as Election Day approaches Tuesday and Stone is being challenged for his job as district attorney.

“Some politicians and ‘community leaders’ have attempted to exploit Officers Schoenegge and Burch as political tools to boost re-election campaigns,” Riley wrote. “Let’s be clear: these tactics undermine the real challenges and complex situations our officers face every day. By distorting facts for political gain, they are failing to address the real needs of our community and instead seek to smear those sworn to protect it.”

Contributing: Thao Nguyen, USA TODAY