CANTON, Ohio — Two Canton officers who were involved in the April death of Frank Tyson, who died while in police custody, have been charged with reckless homicide, according to inmate records from the Stark County Sheriff's Office.
The records show Camden Burch and Beau Schoenegge, both 24, were booked into the Stark County Jail on Friday. Stark County Prosecuting Attorney Kyle L. Stone confirmed the indictment for reckless homicide — a third-degree felony — in a press conference Saturday afternoon.
Sources tell 3News Burch and Schoenegge will remain in custody until at least Monday, when they will be in court for a bond hearing. 3News is working to confirm more details of the charges with prosecutors.
Attorney Bobby DiCello, who is representing Tyson's family, hailed the grand jury's decision in a statement Saturday morning.
“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. 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," DiCello said. "The Tyson family asks for your continued support as they witness the criminal process unfold."
STARK COUNTY PROSECUTING ATTORNEY ADDRESSES INDICTMENT
In a press conference Saturday, Stone said his office reviewed the findings from the Ohio Bureau of Criminal Investigation's probe into Tyson's death and presented the evidence to the grand jury earlier this week.
"Based off the information that was presented to [the grand jury], they believed that [reckless homicide] was the most accurate charge," Stone said, "and that's why they voted on it and that's why they indicted those officers on those charges."
If convicted, Stone said Burch and Schoenegge face up to three years in prison and a fine up to $10,000.
Stone said because the case against Burch and Schoenegge is still pending, he cannot share details of grand jury testimony and is limited in his ability to comment publicly about the case.
"My commitment is to effectuate justice in Stark County and to do what I've been elected to do," Stone said.
You can watch Stone's entire press conference below:
ATTORNEYS, FAMILY OF FRANK TYSON REACT
Surrounded by members of Frank Tyson's family and other community activists, DiCello addressed the announcement in an emotional press conference Saturday.
"Now we know who the bad guy is, and it wasn't Frank," DiCello said. "It's official. The indictment tells you who to focus on now. The narrative has changed."
DiCello told assembled media and community members that "this is not the time to criticize and condemn."
"This is the time to celebrate and uplift the name of Frank Tyson," DiCello said. "This is the time to acknowledge that some step of justice has been taken on a very long and painful journey."
Speaking after Stone confirmed the indictment in a separate press conference, DiCello praised the prosecutor's handling of the case. "The prosecutor for Stark County acted with courage by bringing these charges to the grand jury," DiCello said.
CASE HISTORY
The encounter between the 53-year-old Tyson and police occurred on April 18 when two officers responded to an AMVETS Post on Sherrick Road Southeast. Canton police officials say Tyson ran there after crashing his car near the eastern limits of the city. Officers observed a power pole in the roadway that had been sheared in the wreck and found the vehicle nearby before being directed to the AMVETS, where Tyson was located.
In a release from April 19, police stated that Tyson struggled with the officers before they secured him, and that the officers noticed he was unresponsive "shortly after securing him in handcuffs." After performing CPR and administering multiple doses of Narcan, Tyson was later pronounced dead at an area hospital.
Canton police said it immediately contacted the Ohio Attorney General's Bureau of Criminal Investigation (BCI) to conduct "an independent investigation of the incident."
On April 24, Canton police released body camera footage showing the death of Tyson while he was in police custody. The video included Tyson's last words "I can't breathe." In all, the 35-minute, 46-second video shows officers arriving to the scene, confronting Tyson, and attempting to take him into custody. One of the officers was seen putting his knee on Tyson's upper body for roughly 30 seconds. After Tyson's last words, the video also shows a period of five-plus minutes where he laid motionless on the floor before police checked for a pulse.
Canton police identified the officers involved as Schoenegge and Burch of the department's traffic bureau. Both were placed on paid administrative leave, per department policy.
In August, while the BCI continued their investigation into the incident, the Stark County Coroner's Office ruled that the death of Tyson was a homicide.
Chief Investigator Harry Campbell said the autopsy showed two causes of death:
- Cardio Pulmonary Arrest in association with physical altercation and prone restraint.
- Ischemic Cardio Vascular Disease and acute intoxication by cocaine and ethanol.
The autopsy also listed obesity as a "significant condition" in Tyson's death.
BCI officials told 3News that the case was referred to the Stark County Prosecutor's Office for review on Aug. 30.