CANTON, Ohio ‒ Two police officers from Ohio face charges of reckless homicide related to the death of a Black man who repeatedly said “I can’t breathe” while being restrained earlier this year, according to prosecutors.

Officers Beau Schoenegge and Camden Burch, both aged 24, were taken into custody at the Stark County Jail on Friday. Their arrests followed the issuance of indictments by a Stark County grand jury.

The officers are charged with reckless homicide since it is considered “the most accurate” legal classification of their actions, stated Stark County Prosecutor Kyle Stone during a press conference on Saturday. This third-degree felony can lead to a maximum sentence of three years in prison and a fine up to $10,000.

“Everyone is subject to the law, and no one is so far below it that they are unworthy of its protections,” Stone emphasized.

The indictments were filed more than six months after Frank E. Tyson, 53, died during a police encounter on April 18 inside an AMVETS building in Canton, approximately 60 miles southeast of Cleveland. The event generated significant public outrage, with protests erupting as Bobby DiCello, the attorney for Tyson’s family, noted similarities to the 2020 killing of George Floyd in Minneapolis.

Both Tyson and Floyd voiced the words “I can’t breathe” prior to their respective deaths.

Canton residents urged local officials to take accountability for the police officers’ actions, with community leaders highlighting a history of police misconduct towards Black residents. The NAACP has also requested the U.S. Department of Justice to investigate the Canton Police Department.

In recent years, the Canton police have been involved in several notable incidents. Tyson’s case marks the third fatal encounter reviewed by a grand jury involving Canton police this year; in the previous two, no charges were brought against the officers.

Community Response to Frank Tyson Case Indictments

A crowd of about 50 people chanted “No justice, no peace,” as Stone concluded his remarks on Saturday. DiCello held a separate news briefing right after to discuss the indictments.

“Now we know who the wrongdoers are,” said DiCello. “It wasn’t Frank. The indictment directs the attention to where it belongs.”

Earlier on Saturday, DiCello stated that the Tyson family seeks public support as the legal process unfolds.

“Today, Frank Tyson’s family can feel a small sense of relief, knowing that those who contributed to Frank’s brutal and inhumane death are facing prosecution,” DiCello noted. “While this relief is bittersweet, it officially acknowledges what they have long believed: Frank is a homicide victim, undeserving of being suffocated to death.”

Cassandra White, whose son Zachary Fornash was fatally shot by a Canton police officer last year, also spoke at the briefing. Fornash was reported to have threatened two individuals with a gun before he was killed on December 5, 2023.

The incident unfolded quickly, and a later report by the Ohio Bureau of Criminal Investigation revealed that the weapon Fornash carried was a pellet gun. A grand jury later cleared the involved police officer of any wrongdoing.

“These officers require training in excessive force,” White stated. “They need better training in de-escalation techniques.”

Stark County NAACP President Hector McDaniel shared with The Canton Repository, which is part of the YSL News Network, that his organization champions transparency and accountability. McDaniel emphasized the need for consistency in charging decisions, regardless of whether the offender is an everyday citizen or a police officer.

“We are very pleased that both officers are facing charges that we believe are appropriate given their actions,” McDaniel remarked. “This is a step forward towards transparency and accountability and toward seeking the truth.”

Thomas West, chief executive of the Greater Stark County Urban League, released a statement expressing that the charges were in line with what many anticipated after reviewing the footage from the incident in April.

“We urge the justice system to act quickly and hold those accountable for this tragic death,” he remarked. “This case, along with several others, highlights a concerning trend suggesting that some law enforcement officers may believe they are above the law.”

“While the officers’ initial arrest was a necessary first step, it is crucial to ensure their termination from the force and prosecution follow, sending a clear message that such behavior will not be tolerated and will be punished to the fullest extent of the law,” West elaborated.

Details of Frank Tyson’s Fatal Encounter with Police

Tyson, a resident of Canton Township, died on April 18 following an encounter with law enforcement inside the AMVETS building. He had entered the establishment after crashing his vehicle into a nearby utility pole.

Inside the club, police confronted Tyson, leading to a struggle that resulted in him being handcuffed. Body camera footage revealed that Tyson was face down on the floor with his hands cuffed behind him for nearly eight minutes until an officer noticed he had no pulse.

The video also depicted the officers forcing Tyson down as he screamed that they were trying to kill him. One officer placed their knee on Tyson’s upper back and neck area for approximately one minute while another officer was handcuffing him.

Tyson was heard saying “I can’t breathe” multiple times in the video evidence. One of the officers, while holding Tyson’s handcuffed wrist, responded, “You’re fine,” and added, “Shut the (expletive) up.”

Tyson fell silent less than a minute after being restrained.

An initial autopsy report made public in August classified the cause of Tyson’s death as a homicide. It indicated that his death resulted from a mix of acute intoxication due to cocaine and alcohol, along with obesity, cardiovascular disease, and cardiac arrest. These factors were compounded by a physical confrontation and being held face down.

Officers Schoenegge and Burch were first put on administrative leave but later returned to work under restricted duties. The Canton police department handed over the investigation to the Ohio Attorney General’s Bureau of Criminal Investigation, which is standard procedure in instances where a local officer is involved in a shooting or death of an individual.

Police Union Claims Officials are Playing Politics

On Saturday afternoon, the union president for Canton police supervisors released a statement accusing local politicians and community leaders of using Officers Schoenegge and Burch as “political instruments.”

“Our officers devote their lives to safeguarding this city and ensuring every resident feels secure, often at considerable personal risk,” stated Craig M. Riley, president of the Fraternal Order of Police Ohio Labor Council Gold Unit. “I share my condolences with the Tyson family as they mourn the tragic loss of Frank Tyson. Losing someone close is always painful, irrespective of the circumstances.”

Riley acknowledged that, like many professions, law enforcement can improve and emphasized that “genuine advancement” results from teamwork, investment, and transparent communication. However, he criticized the timing of the charges, noting that they coincidentally appeared as Election Day neared, when Stone is facing a challenge for his position as county prosecutor.

“Some politicians and ‘community leaders’ have attempted to exploit Officers Schoenegge and Burch for their political agendas to enhance re-election efforts,” Riley remarked. “Let’s be clear: these maneuvers distract from the genuine challenges and intricate scenarios our officers confront daily. By distorting facts for political advantage, they neglect to tackle the real issues facing our community and instead aim to discredit those committed to its safety.”