Two Ohio officers charged with involuntary manslaughter of black man who pleaded, 'I can't breathe'

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 police encounter, authorities announced Saturday.

Canton officers Camden Burch and Beau Schoenegge have been charged with involuntary manslaughter in connection with the April 18 death of Frank E. Tyson during a confrontation with police, Stark County Prosecutor Kyle L. Stone announced at a news conference Saturday against it.

Burch and Schoenegge, both 24, were taken to jail Friday and remained in custody Saturday, Cleveland NBC affiliate WKYC reported, citing inmate records cited.

Stone said he presented to a grand jury the results of an Ohio Bureau of Criminal Investigation investigation into Tyson's death, which the agency concluded in August. The grand jury approved the indictment as part of an indictment.

The charge of involuntary manslaughter, a third-degree felony, If convicted, each defendant faces three years in prison and a $10,000 fine, Stone said.

Representatives of state and local police organizations did not immediately respond to attempts to contact the officers or their legal counsel for comment.

In a statement to the Canton Repository, Craig M. Riley, president of the Gold Unit of the Fraternal Order of Police Ohio Labor Council, accused prosecutors of playing politics with the case just days after Tuesday's election.

“True progress,” he said, “comes from collaboration, investment and open communication – not from using our officials as timely scapegoats to score political points.”

According to the repository, the union represents the canton's police supervisors.

A week later, cantonal police released Schoenegge's body camera footage of the encounter. Officers had responded to a vehicle accident involving a downed utility pole and a witness Police said they directed them down the street to an AMVETS lodge, where they made contact with Tyson.

According to the video, Tyson knocks over a bar stool, yells to call the sheriff and says, “They're trying to kill me” as officers try to take him into custody. He is taken to the ground and handcuffed before a police officer then places a knee on Tyson's torso for what appears to be about 30 seconds.

Tyson says several times, “I can’t breathe.”

An officer tells him to cooperate and calm down. Tyson says again: “I can’t breathe. I can’t breathe,” before adding, “You’re breathing down my neck.”

After the officer raises his knee, Tyson is unassisted and motionless for about five minutes, according to the video. An officer asks if Tyson has calmed down and if he is breathing. His pulse is then checked and officers perform chest compressions.

Tyson was taken to a hospital where he was pronounced dead, police said.

The preliminary autopsy report lists the causes of death as cardiopulmonary arrest associated with physical altercation and abdominal restraint, as well as acute poisoning from cocaine and ethanol.

Schoenegge and Burch, who both joined the department in 2022 and are assigned to the Transportation Department, have been 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 to Floyd's neck while repeating, “I can't breathe.”

Previously, Eric Garner died after a confrontation with New York City police officers on July 17, 2014, who stopped 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, the attorney for Tyson's family, said at a news conference after Stone addressed the media that the indictment shows progress toward justice.

“The Stark County prosecutor acted courageously to bring charges before the grand jury,” he said. “That’s how justice works – through courageous actions.”

John Tyson, the victim's brother, described the day's news as gradual progress.

“It's not the win we were hoping for, but we'll take this small victory and build on it,” he said.