CANTON ‒ The Stark County Prosecutor’s Office wants someone else to oversee the case against two Canton police officers charged in connection with the death of Frank Tyson.
Senior Assistant Prosecutor Megan E. Starrett on Oct. 3 asked visiting Judge James L. Kimbler — who was appointed after Stark County Common Pleas judges recused themselves — to appoint a special prosecutor for the trial of officers Beau Schoenegge and Camden C. Burch.
They are charged with reckless homicide, accused of causing Tyson’s death during an April 2024 arrest.
Starrett said Alliance attorney Jeffrey R. Jakmides is willing to serve as special prosecutor. He was seated in Common Pleas Court during the pretrial hearing when she made the request.
She said prosecutors have to work closely with the Canton Police Department, and some issues have occurred between the prosecution and some of the police officers since Burch and Schoenegge were indicted.
“The state of Ohio feels that is creating a conflict in our ability to work closely with them and appropriately with them,” Starrett said.
She said the Ohio Attorney General’s Office declined to take the case.
Kimbler said he believes the judge picks a special prosecutor. He asked Starrett whether her office had asked any other elected county prosecutors whether they would be willing to handle the case.
Starrett said it had not.
The judge asked Starrett to state which section of the code of professional responsibility for attorneys would mandate the withdrawal of the Stark County Prosecutor’s Office.
“I cannot tell you off the top of my head,” Starrett said.
Kimbler, a retired Medina County Common Pleas judge, gave Starrett two weeks to file a written motion and memorandum about the request for a special prosecutor. Defense attorneys will have two weeks to reply. Starrett will have a week to reply to their response.
“But I will tell you this … I’m aware of other county prosecutors who have filed, who have sought and obtained indictments from the grand jury against police officers who have not used that as a basis to get off the case,” Kimbler said.
He noted that the case has been pending since a November 2024 indictment, and asked Starrett why the prosecution had not realized before Oct. 3 that it wanted a special prosecutor.
Starrett said her office was exploring potential special prosecutors. She said the office was aware of the issue before Kimbler was appointed, but wanted to wait until the issue could be brought to him.
Kimbler was appointed following the Sept. 12 recusal by Stark County Judge Kristin G. Farmer. The other four judges in the general division also recused themselves. The Oct. 3 hearing was the first for Kimbler.
The judge said he wants the trial to begin on its scheduled date of Jan. 26, if at all possible. He noted the incident occurred in April 2024.
“I think this case needs to be resolved,” Kimbler said. “I don’t think it’s getting better with age, not like a fine wine.”
A final pretrial conference is scheduled for Jan. 21.
Starrett said her co-counsel, Prosecutor Kyle L. Stone, did not attend the Oct. 3 hearing due to a prior commitment.
Tyson, a 53-year-old Black man from Canton Township, died April 18, 2024, after a struggle with city police officers inside the AMVETS building on Sherrick Road SE. He’d entered the club after crashing a vehicle into a nearby utility pole, prompting calls to 911.
Schoenegge and Burch left Tyson on the floor face-down for several minutes before the officer who handcuffed Tyson realized he couldn’t feel a pulse.
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com.
This article originally appeared on The Repository: Visiting judge says case against 2 Canton police officers ‘needs to be resolved’
Reporting by Nancy Molnar, Canton Repository / The Repository
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