CANTON ‒ A new trial date is expected to be set April 7 for two Canton police officers accused of causing Frank Tyson’s death while he was in their custody.
A visiting judge decided April 1 to postpone the previously scheduled April 20 trial. Judge James L. Kimbler’s ruling came in response to requests from the special prosecutor and defense attorneys.
Special Prosecutor Raymond A. Grogan Jr. sought a 60-day delay because a family member has a serious illness, and because none of his assistants would be available April 20 to try the case. Grogan is the elected prosecuting attorney in Marion County.
Defendants Beau Schoenegge and Camden C. Burch did not object to the postponement.
Schoenegge’s attorneys, Donald J. Malarcik and Ty Graham, sought a delay because Malarcik is working on a death penalty case scheduled for trial April 23.
The Canton Police Department officers have pleaded not guilty to charges of reckless homicide, a felony of the third degree, in the April 18, 2024, death of Tyson, 53, of Canton Township.
Before his death, Tyson drove into a utility pole. He abandoned the damaged car and went into the AMVETS building on Sherrick Road SE. People there, concerned about his behavior, told him to leave and called 911 seeking help to have him removed.
Schoenegge and Burch took Tyson into custody, handcuffed him and placed him face-down on the floor as he told them he couldn’t breathe, according to police body-cam video. One officer put his knee into Tyson’s back for about a minute. The other officer then realized Tyson had no pulse and was unsuccessful in attempts to revive him.
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com. On X, formerlyknown as Twitter: @nmolnarTR
This article originally appeared on The Repository: Canton police officers’ Frank Tyson trial postponed
Reporting by Nancy Molnar, Canton Repository / The Repository
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