Frank Tyson: Two Ohio officers charged with negligent homicide in death of black man in police custody

CNN
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Two police officers in Canton, Ohio, have been charged with negligent homicide in the death of Frank Tyson, a black man who was restrained by the police in April, Stark County District Attorney Kyle L. Stone said Saturday.

Officers Camden Birch and Bo Schenigge were booked into the Stark County Jail on Friday, according to records. CNN Partner WOIO.

Stone said the state Bureau of Criminal Investigation completed its investigation into Tyson’s death and turned the findings over to prosecutors, and Stone then presented the case to a grand jury last week.

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

Manslaughter is a third-degree felony and is punishable by up to 36 months in prison.

The arrests come more than six months after Tyson, 53, died after an April 18 standoff with police during which he repeatedly pleaded, “I can’t breathe.”

Jay McDonald, president of the Ohio Fraternal Order of Police, the union that represents Canton police, responded to the arrests in a statement to CNN.

“We urge people to give these officers the same rights as the people they arrest. They’re innocent until proven guilty,” he said. “Furthermore, we can’t second-guess their actions — the United States Supreme Court requires that cases involving the police not rely on 20/20 hindsight, but rather focused on what police officers saw and how they acted based on their training and rules of engagement.”

At the press conference, Tyson’s family and their lawyers had mixed reactions to the allegations.

“It’s not the win we expected, but as much as the indictment was unexpected, we’re going to take this small win and build on it,” said John Tyson, Frank’s brother. CNN Partner WOIO.

“Now we know who the bad guy is, and it wasn’t Frank,” said family attorney Bobby DiCello.

The video from the body camera shows the last moments

The incident began after Tyson crashed his vehicle into a utility pole and fled into a nearby veterans hall, according to a news release from the Canton Police Department.

Video from police cameras shows the cops closing in on Tyson, who screams to call the sheriff and says, “They’re trying to kill me.” The officers forced Tyson to the ground and handcuffed him, and the officer placed a knee on or near Tyson’s neck as he lay on his stomach, according to body camera video of the interaction.

“I can’t breathe,” Tyson repeated over and over.

“You’re all right,” one officer replied. “Shut up, f**k.”

Five minutes after he stopped talking, officers realized he was unresponsive, the video shows. Officers administered several doses of Narcan, an opioid overdose drug, and performed CPR, as shown in the video. Tyson was taken to the hospital and later pronounced dead.

In August, Stark County Coroner’s Office Chief Coroner Harry Campbell ruled Tyson’s death a homicide, according to WOIO. A preliminary autopsy also listed contributing factors to acute cocaine and alcohol poisoning and cardiopulmonary arrest, according to WOIO.

The police report on the death provided scant details, saying only: “Suspect crashed vehicle, ran from officers and resisted arrest.”

The two officers were initially placed on administrative leave.

“I want to express my deepest condolences to those close to Mr. Tyson,” Canton Police Chief John Gabbard said at the time.

Tyson’s fiancee Sabrina Jones spoke with CNN’s Victor Blackwell in May about his emotions while watching body camera recordings. “I was hurt, devastated, angry, angry. I couldn’t believe what I was seeing. It was wrong and I can’t get that video out of my head,” she said.

The head of the local police union also provided a application to the canton’s repository responding to arrests.

“Our officers dedicate their lives to protecting this city and ensuring that every citizen feels safe, often at great personal risk and sacrifice,” said Craig M. Riley, president of the Fraternal Order of Police Ohio Labor Council Gold. “I sympathize with the Tyson family and grieve them over the tragic death of Frank Tyson. It always hurts to lose a loved one, regardless of the circumstances.”

In addition, Riley criticized officials for trying to “use” officers as “political tools to boost re-election campaigns.”

“By twisting the facts for political gain, they ignore the true needs of our community and instead seek to smear those sworn to protect it,” Riley told the paper.