CANTON, Ohio ‒ Two Ohio police officers have been charged with reckless homicide in the death of a Black man who pleaded “I can’t breathe” several times while he was restrained by police earlier this year, prosecutors said.
Canton police officers Beau Schoenegge and Camden Burch, both 24, were booked into the Stark County Jail on Friday. Their arrests came after a Stark County grand jury issued indictments 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. By 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 protections,” Stone said.
The indictments come more than six months after Frank E. Tyson, 53, died after a struggle with police April 18 inside an AMVETS building in Canton, a city about 60 miles southeast of Cleveland. The incident sparked public outrage and protests as Bobby DiCello, an attorney for the Tyson family, said it resembled the 2020 murder of George Floyd in Minneapolis.
Tyson and Floyd both used the words “I can’t breathe” before their deaths.
Canton residents called for city officials to hold the police officers accountable, and leaders in the local Black community noted police have mistreated Black residents. The NAACP also has called for the U.S. Justice Department to investigate the Canton Police Department.
Over the past few years, city police have been involved in several high-profile confrontations. Tyson’s case was the third fatal incident involving Canton police officers to be heard by a grand jury this year. In the earlier cases, the grand jury did not charge the officers.
‘Larger systemic problems’: Phoenix police officers on leave amid probe into violent arrest of deaf man
Reaction to indictments in the Frank Tyson case
Many in the group of about 50 people chanted choruses such as “No justice, no peace” as Stone left Saturday’s news conference. DiCello held a news conference immediately after Stone to speak about the indictment.
“Now we know who the bad guy is,” DiCello said. “It wasn’t Frank. The indictment 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 unfold.”
“Today, Frank Tyson’s family breathes a short sigh of relief, knowing that the officers who took part 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 long known: Frank is a victim of homicide who did not deserve to be suffocated to death.”
Cassandra White, whose son Zachary Fornash was fatally shot by a Canton police officer last year, also spoke at the news conference. Fornash was reported to have threatened two people with a gun before he was shot and killed on Dec. 5, 2023.
The incident unfolded in less than a minute, and a report from the Ohio Bureau of Criminal Investigation later revealed that the weapon Fornash was carrying was a pellet gun. In September, a grand jury 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 looks for consistency in criminal charges, regardless of whether average citizens or law enforcement are involved.
“We are very pleased with the fact that both of those officers are, we believe getting … charges consistent with the behavior that we saw,” McDaniel said. “We believe that we’re moving in the right direction towards transparency and accountability and truth.”
Thomas West, Greater Stark County Urban League chief executive, said in a prepared statement that the charges align with what many expected after viewing the video footage from April.
“We are now urging the justice system to act swiftly and hold those responsible for this tragic death fully accountable,” he said. “This incident, along with several others that have followed, highlights a troubling trend − one that suggests a belief among some law enforcement officers that they are above the law. “
“While the initial arrest of the officers involved was a necessary first step, it is crucial that the firing of the officers involved, and prosecution follows to send a clear message that such behavior will not be tolerated and will be met with the full force of the law,” West added.
Frank Tyson’s fatal confrontation with police
Tyson, of Canton Township, died after an encounter with police inside 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 followed and he was placed in handcuffs. Police body-camera footage showed Tyson face down on the floor with his arms handcuffed behind his back for nearly eight minutes before an officer realized he couldn’t feel a pulse.
The footage also showed the officers taking Tyson to the floor as he screamed that police officers were trying to kill him. One officer put his knee on Tyson’s upper back and neck area for about a minute as another police officer handcuffed him.
Tyson said “I can’t breathe” several times, according to the footage. “You’re fine,” one of the officers responded, with his hand around Tyson’s handcuffed wrist, adding: “Shut the (expletive) up.”
Less than a minute after being handcuffed, Tyson went silent.
A preliminary autopsy report released in August ruled the manner of Tyson’s death was a homicide and the cause of his death was a combination of acute intoxication by cocaine and alcohol, obesity, cardiovascular disease, and cardiopulmonary arrest, meaning that his breathing and blood circulation stopped, in association with a physical altercation and prone restraint.
Schoenegge and Burch were initially placed on administrative leave but later returned to limited duty. Canton police turned the investigation over to the Ohio Attorney General Bureau of Criminal Investigation − which is common in situations where a local officer shoots or kills someone.
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 Schoenegge and Burch as “political tools.”
“Our officers dedicate their lives to protecting this city and ensuring that every citizen feels safe, often at great personal risk and sacrifice,” wrote Craig M. Riley, president of Fraternal Order of Police Ohio Labor Council Gold Unit. “I empathize with the Tyson family and their grieving with the tragic demise of Frank Tyson. It always hurts to lose someone close to us, regardless of the circumstances.”
Riley said the Fraternal Order of Police recognizes that policing, like all professions, can improve and noted that “true progress” stems from collaboration, investment, and open communication. But he noted that the timing of the charges was “uncoincidentally convenient” as Election Day approaches on Tuesday and Stone is being challenged for his job as county prosecutor.
“Some politicians and ‘community leaders’ have sought 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 twisting facts for political gain, they fail to address the true needs of our community and instead seek to vilify those sworn to protect it.”
This article originally appeared on The Repository: Frank Tyson case: Ohio police officers charged with reckless homicide