(This is a breaking news story and will be updated as additional information is available.)
CANTON ‒ Two city police officers accused of causing the death of Frank E. Tyson pleaded guilty to a lesser charge Aug. 10 as jury selection was underway for their trial in Stark County Common Pleas Court.
Officer Beau Schoenegge, 26, reached a plea agreement and pleaded guilty to one count of dereliction of duty, a second-degree misdemeanor.
Schoenegge’s plea came after his fellow officer, Camden C. Burch, 26, resolved his case with a similar plea agreement. Burch, 26, pleaded guilty to failure to report a crime, a fourth-degree misdemeanor.
“We sought out from the very beginning to hold these two officers accountable for what they did that day with respect to Frank Tyson,” said Marion County Prosecutor Raymond A. Grogan Jr., who is serving as a special prosecutor. “They swore an oath to serve this community. They did not protect, they did not serve Frank Tyson. These pleas today reflect that.
“Mr. Tyson told these two officers he couldn’t breathe no less than seven times, and they left him on his stomach with the handcuffs behind his back, they left him there for 6 1/2 minutes. It’s unacceptable … and quite frankly, it’s criminal,” Grogan added.
He said officers learn in the police academy not to leave handcuffed persons face-down.
“They are absolutely taught that after an individual is in custody, they are to be rolled or picked up as quickly as possible,” Grogan said. “The moment that the individual becomes compliant, that individual is to be lifted, either set up or stood up, and they failed in that regard. They failed miserably in that regard.”
As part of the deal, both men agreed to resign as Canton police officers.
Schoenegge is facing a potential sentence of three months in jail, and Burch, 30 days in jail. They could be fined or given probation.
They will be sentenced at a later date after the judge reviews a pre-sentencing investigation.
Both officers, who are White, were scheduled to go to trial on charges of reckless homicide, a third-degree felony.
Tyson, a Black man who lived in Canton Township, died April 18, 2024. His death drew national attention, sparked local protests and brought high-profile civil rights leaders such as Ben Crump and the Rev. Al Sharpton to Canton for his funeral.
All parties in the criminal case had gathered on the morning of Aug. 10 to begin reviewing questionnaires completed by prospective jurors.
Frank Tyson’s death
On the evening Tyson died, he had crashed a car into a telephone pole at 8:16 p.m. in the 1700 block of Sherrick Road SE in the city.
Tyson — who didn’t have a driver’s license and had cocaine and alcohol in his system at the time — then went into the nearby AMVETS Post 124 in Canton Township.
A neighbor called 911 about the downed pole and crash, and two more people called 911 complaining about Tyson’s erratic behavior inside the AMVETS, seeking to have him removed from the private club.
Tyson died after struggling with the officers inside the building. Tyson was left lying face down on the floor before an officer realized he had no pulse.
Body camera video shows the officers taking Tyson to the floor as he screamed that police officers were trying to kill him.
One officer put his knee on Tyson’s upper back and neck area for about a minute as another police officer handcuffed him. Tyson said “I can’t breathe” several times.
“You’re fine,” one of the officers responded, with his hand around Tyson’s handcuffed wrist. “Shut the (expletive) up.”
Less than a minute after being handcuffed, he went silent.
Efforts to revive Tyson, who had been released from state prison earlier in the month after serving 24 years on kidnapping and other charges, were unsuccessful and he died at Aultman Hospital.
Canton officers’ plea reactions
Bobby DiCello, the attorney representing the Tyson family in an ongoing civil lawsuit, spoke outside the courthouse after the plea deals were struck. He was accompanied by Frank’s brothers John and Melvin, and Frank’s cousin Ronald Simmons.
DiCello said the men would hold off commenting until the officers are sentenced.
He said Grogan advised the family during the process of plea negotiations. He said the trial was expected to go forward until Burch pleaded. Then, Schoenegge pleaded shortly afterward.
“In the end, they agreed to the plea that took place,” DiCello said. “All in all, it’s a bittersweet day because we have the loss of life. But the memory of Frank Tyson now can live on in a way that shows dignity and respect for the man Frank Tyson was.”
DiCello said he does not expect the reduced criminal charges to affect the prospects of a federal civil rights lawsuit alleging police used excessive force and acted recklessly during the 2024 arrest that preceded Tyson’s death.
A former political candidate and one of Tyson’s brothers were not pleased with the officers’ plea deal.
“It was murder,” said Kimberly Bell, who has sought several elected offices, including mayor of Canton. “He had no weapon. He was just a Black man. That was all. As far as police officers are concerned, a Black man … is not human. There is no humanity for a Black man when it comes to a group of White men in a police department.”
Bell said she grew up with Tyson and attended Canton South High with him.
Tyson’s brother, Darren, said the pleas were “a slap on the hand.”
The Repository has reached out to a city spokesperson.
Canton police union responds
The Canton Police Patrolmen’s Association later put out a statement critical of the officers’ prosecution. It said, in part:
“This should concern every citizen of Canton.
Police officers are asked to run toward situations that most people would run away from. They are expected to make split second decisions in chaotic circumstances, often dealing with individuals who are intoxicated, impaired, combative, or unpredictable. When officers respond appropriately to those circumstances, they should not have to spend years fighting to defend themselves against a process that appears to lose sight of the objective facts surrounding the original incident. The process should not be the punishment.”
The statements ends with:
“The citizens of Canton deserve a County Prosecutor’s Office that recognizes the difference between an officer who causes harm and an officer who responds to a dangerous situation created by someone else.
Officers Burch and Schoenegge deserved better. Their families deserved better. And the citizens of Canton deserved better.”
Hector McDaniel, outgoing president of the Stark County NAACP, said no plea deal should have been offered to the police officers.
He previously said he’s deeply concerned about the influence of qualified immunity, a policy that shields officers in many cases from criminal prosecution.
“Immunity influence fostered and nurtured a legal system that is unjust,” he said after deals were announced.
Visiting judge hearing case
Retired Medina County Common Pleas Judge James L. Kimbler is presiding over the case. He was appointed as a visiting judge after all five judges in Stark County Common Pleas Court’s general division recused themselves.
Attorneys Eugene O’Byrne and Jacob T. Will are representing Burch. Attorneys Ty Graham and Donald J. Malarcik are representing Schoenegge.
Staff writer Charita Goshay contributed to this report.
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com. Follow her on X, formerly known as Twitter: @nmolnarTR.
This article originally appeared on The Repository: Canton police officers reach plea deals over Frank Tyson’s death
Reporting by Nancy Molnar, Canton Repository / The Repository
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By Nancy Molnar, Canton Repository | USA TODAY Network
