CANTON ‒ A special prosecutor has asked the visiting judge to postpone the April 20 trial date of two Canton police officers accused of causing Frank Tyson’s death while he was in their custody.
In a motion filed March 23, special Prosecutor Raymond A. Grogan Jr. wrote that he is seeking 60-day the delay because a family member has a serious illness.
He wrote that defendants Beau Schoenegge and Camden C. Burch do not object to the request, and that the request has been discussed with the victim’s family.
Grogan also wrote that the defense team appears to need a trial delay because attorney Donald J. Malarcik is working on a death penalty case scheduled for trial April 23.
Visiting Judge James L. Kimbler previously decided on Jan. 21 to postpone the trial, which had been scheduled to start on Jan. 26. Grogan, the elected prosecuting attorney in Marion County, sought the first delay for two reasons: to give him time to review evidence and prepare for the case, and because he expected to be occupied by a high-profile trial at that time.
The first request to postpone the trial followed Kimbler’s appointment of Grogan at the request of Stark County Prosecutor Kyle L. Stone in December.
The Canton Police Department officers have pleaded not guilty to charges of reckless homicide, a felony of the third degree, in connection with 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 and placed him face down on the floor as he told them he couldn’t breathe, according to police body-cam footage. One officer put his knee into Tyson’s back for about a minute. The other officer then realized Tyson had no pulse and unsuccessfully tried to revive him.
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com. On X, formerly known as Twitter: @nmolnarTR.
This article originally appeared on The Repository: Trial delay sought for Canton police officers charged in Tyson death
Reporting by Nancy Molnar, Canton Repository / The Repository
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