Ohio police officers charged with negligent homicide

The charges came more than six months after 53-year-old Frank E. Tyson died after a standoff with police.

KENTON, Ohio. Two Ohio police officers have been charged with negligent homicide in the death The Black Man Who Begged ‘I Can’t Breathe’ Several times while he was detained by police earlier this year, prosecutors said.

Canton Police Officers Beau Schoenegge and Camden Birch, both 24, were booked into the Stark County Jail on Friday. Their arrests followed a Stark County grand jury indictments were filed against them

Shenegge and Burch were charged with reckless homicide because that was the “most accurate” description of the crime they committed, Stark County District Attorney Kyle Stone said at a news conference Saturday. Under the law, a 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 below it that they don’t deserve its protection,” Stone said.

The charges came more than six months after 53-year-old Frank E. Tyson died after a struggle with police on April 18 at the AMVETS building in Canton, a city about 60 miles southeast of Cleveland. Incident caused public outrage and protests, as Bobby DiCello, an attorney for the Tyson family, said it resembled In 2020, the murder of George Floyd in Minneapolis.

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

Residents of the canton called the city management to hold police officers accountable, and local black community leaders noted police brutality against black residents. The NAACP also called on the US Department of Justice to investigate the Canton police.

For the past few years, the city police have been involved several high-profile confrontations. Tyson’s case is the third fatal incident involving Canton police officers to be heard by a grand jury this year. In previous cases, a grand jury has not indicted the officers.

Reaction to allegations in the Frank Tyson case

As Stone left Saturday’s press conference, many in the group of about 50 people chanted chants like “No justice, no peace.” DiCello held a press conference immediately after Stone to address the allegations.

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

DiCello said in a statement earlier Saturday that Tyson’s family is asking people to “continue to be supportive as they witness the unfolding of the criminal process.”

“Today, the family of Frank Tyson breathes a sigh of relief knowing that the officers involved in Frank’s inhumane and brutal death will not escape prosecution for their actions,” DiCello said in a statement. “This moment of relief is bittersweet because it officially confirms what they’ve known for a long time: Frank is a murder victim who doesn’t deserve to be strangled to death.”

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

The incident took place in less than a minute and an Ohio Bureau of Criminal Investigation report later revealed that the weapon Fornash was carrying was a shotgun. Grand jury in September fired the policeman any crime.

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

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, whether they involve ordinary citizens or law enforcement.

“We are very pleased with the fact that both of these officers are facing what we believe to be … charges 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, executive director of the Urban League of Greater Stark County, said in a prepared statement that the allegations match what many expected after watching the video footage from April.

“We now call on the justice system to act quickly and bring those responsible for this tragic death to justice,” he said. “This incident, along with several others that have followed it, highlights a troubling trend — one that suggests some law enforcement agencies believe they are above the law.”

“While the initial arrest of the officers involved was a necessary first step, it is imperative that the officers involved be released and prosecuted to send a clear message that this behavior will not be tolerated and will be met with the full force of the law,” West added.

Frank Tyson’s deadly fight with the police

Tyson, of Canton, died April 18 after a standoff with police at the AMVETS building. Tyson entered the club after a car crashed into a nearby pole.

Tyson confronted police at the club, where a fight ensued, and he was handcuffed. Police body camera footage showed Tyson lying face down on the floor with his hands handcuffed behind his back for nearly eight minutes before an officer realized he had no pulse.

The footage also shows the cops throwing Tyson to the floor as he screams that the cops are trying to kill him. One officer put a knee on Tyson’s upper back and neck for about a minute while another officer handcuffed him.

Judging by the footage, Tyson said several times: “I can’t breathe.” “You’re all right,” one of the officers replied, keeping his hand on Tyson’s handcuffed wrist, adding, “Shut up (expletive).”

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

AND preliminary autopsy report released in August ruled that Tyson’s cause of death was homicide and that his cause of death was a combination of acute cocaine and alcohol poisoning, obesity, cardiovascular disease and cardiopulmonary arrest, meaning his breathing and circulation stopped due to physical altercation and restraint.

Schenegge and Birch were initially placed on administrative leave but later returned to limited duties. The cantonment police handed over the investigation Ohio Attorney General’s Bureau of Criminal Investigation — which often occurs in situations where a local officer shoots or kills someone.

The union representing the police accuses local officials of politics

The president of the union that represents Canton’s police chiefs issued a statement Saturday afternoon accusing politicians and community leaders of using Schoenegg 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 the Fraternal Order of Police, Ohio Fraternal Order of Police Gold Division. “My condolences and condolences to the Tyson family on the tragic death of Frank Tyson. It always hurts to lose someone close, regardless of the circumstances.”

Riley said the Fraternal Order of Police recognizes that policing, like any other profession, can improve and noted that “real progress” comes from collaboration, investment and open communication. But he noted that the timing of the charges was “not coincidentally convenient” as Election Day approaches Tuesday and Stone is being challenged for the district attorney position.

“Some politicians and ‘community leaders’ sought to use Officers Shenegge and Birch as political tools to bolster their 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 the facts for political gain, they fail to address the real needs of our community and instead seek to smear those sworn to protect it.”

Contributed by Thao Nguyen, USA TODAY