Two Ohio police officers have been charged with reckless homicide in the death of a black man who pleaded, “I can’t breathe” during a confrontation with police, authorities announced Saturday.
Canton officers Camden Burch and Beau Schoenegge have been charged with reckless homicide in the April 18 death of Frank E. Tyson during a confrontation with police, Stark County District Attorney Kyle L. Stone announced at a news conference Saturday.
Burch and Schoenegge, both 24, were booked into jail Friday and remained in custody Saturday, NBC affiliate WKYC in Cleveland reported, citing jail records cited.
Stone said he presented a grand jury with the results of an Ohio Bureau of Criminal Investigation investigation into Tyson’s death, which the agency completed in August. The grand jury approved the charges as part of an indictment.
The charge of manslaughter, a third-degree felony, could result in a three-year prison sentence and a $10,000 fine for each defendant if found guilty, Stone said.
Representatives of state and local police organizations did not immediately respond to attempts to reach the officers or their legal counsel for comment.
In a statement to the Canton Repository, Craig M. Riley, president of the Fraternal Order of Police Ohio Labor Council Gold Unit, accused prosecutors of playing politics with the case just days before Tuesday’s election.
“Real progress,” he said, “comes from collaboration, investment and open communication — not from using our officers as well-timed scapegoats to score political points.”
The union represents Canton police supervisors, the Repository said.
Canton police released Schoenegge’s body camera footage of the encounter a week later. The officers had responded to a car crash involving a fallen utility pole, and a witness directed them to an AMVETS lodge, where they interacted with Tyson, police said.
According to the video, Tyson overturns a bar stool, yells a request to call the sheriff and says, “They’re trying to kill me,” as officers attempt to arrest him. He is taken to the ground and handcuffed before an officer appears and kneels on Tyson’s torso for about 30 seconds.
Tyson repeatedly says, “I can’t breathe.”
An officer tells him to cooperate and calm down. Tyson again says, “I can’t breathe. I can’t breathe,” before adding, “You’re on my neck.”
After the officer lifts his knee, Tyson is left unaided and appears motionless for about five minutes, according to the video. An officer asks if Tyson has calmed down and is breathing, at which point his pulse is checked and officers perform chest compressions.
Tyson was taken to a hospital, where he was pronounced dead, police said.
The preliminary autopsy report lists causes of death as cardiopulmonary arrest related to physical confrontation and restraint, as well as acute cocaine and ethanol intoxication.
Schoenegge and Burch, who both joined the department in 2022 and are assigned to the traffic bureau, were placed on paid administrative leave pending an investigation.
The death was reminiscent of the killing of George Floyd by Minneapolis police officers in the spring of 2020, when an officer pressed a knee on Floyd’s neck while he repeated, “I can’t breathe.”
Before that, Eric Garner died after a July 17, 2014, confrontation with New York City police officers who were arresting him to investigate the possible sale of loose, untaxed cigarettes on the street. He also pleaded, “I can’t breathe,” as an officer held him in a chokehold.
Bobby DiCello, an attorney for Tyson’s family, said at a news conference after Stone addressed the news media that the charges were a step toward justice.
“The Stark County District Attorney acted with courage to bring the charges to the grand jury,” he said. “That’s how justice works: through courageous acts.”
John Tyson, the victim’s brother, characterized the day’s news as an incremental step forward.
“It’s not the victory we were hoping for, but we’re going to take this small victory and build on it,” he said.