CANTON, Ohio — The two former officers who took a last-minute plea deal in August for the case involving Frank Tyson's death in police custody were sentenced Thursday afternoon by visiting Judge James Kimbler in the Stark County Court of Common Pleas.
One of the former officers, Camden Burch, pleaded guilty to a fourth-degree misdemeanor charge of failure to report a crime. He was sentenced to 30 days in jail, but the jail time was suspended. He will also serve two years' probation.
The other former officer, Beau Schoenegge, pleaded guilty to a second-degree misdemeanor charge of dereliction of duty. He was sentenced to 90 days in jail, but like Burch, the jail time was suspended. He was also given three years' probation.
Prior to the plea deal, the officers were facing reckless homicide charges after being indicted by a grand jury. As part of the plea agreement, both officers resigned immediately from the Canton Police Department.
Tyson's brother John spoke both in court and outside of the courthouse Thursday.
"No matter what jail sentence that they do receive, it's not gonna bring my brother back, but as a family for the two-and-a-half-year struggle we've been going through, it's kind of nice to know we're coming to the very end of it," John Tyson said.
Bobby DiCello, the attorney for the Tyson family, told News 5, "When a man says you can't breathe, guess what you do? You just put him on his side—just put him on his side. Turn him like a little loaf of bread, and they didn't do that."
Schoenegge's attorney said the former officers are not responsible for Tyson's death, that Tyson was aggressive, and that his death occurred during a three-minute struggle with police.
"The autopsy report is clear, Mr. Tyson died of a heart attack. He did not die of asphyxiation. There were no problems with his breathing. He died of a heart attack. The autopsy also revealed that he had heart conditions," said attorney Don Malarcik.
The special prosecutor for the case, Ray Grogan, spoke to News 5 after sentencing and said, "Is it full justice? No. Oftentimes, our criminal justice system fails in that respect. But given all of the circumstances, the facts as they existed, this is a measure of justice."
The former officers declined to talk during the sentencing. A $13 million federal lawsuit is pending and names the officers and the city of Canton as defendants.
WATCH MORE ABOUT THE PLEA DEAL:
RELATED: 2 Canton police officers take plea deals in connection with Frank Tyson’s death
Tyson's death
According to Canton Police, officers responded to a one-vehicle crash in the 1700 block of Sherrick Road Southeast around 8:15 p.m. on April 18, 2024.
The Canton Police Department said officers found a power pole in the roadway and Tyson’s empty vehicle nearby. Witnesses later directed officers to Tyson, who was across the street at the AMVETS lodge.
Body camera video shows a struggle between Tyson and officers before he was eventually restrained on the ground.
At one point, the video shows one officer with a knee on Tyson’s back while he was handcuffed.
During the encounter, Tyson repeatedly said he could not breathe. Officers began CPR about seven minutes after Tyson was handcuffed and continued those efforts for roughly 10 minutes.
Canton Police later released video footage of Tyson's arrest.
WATCH THE FOOTAGE:
RELATED: Canton police body cam reveals 8-minute gap until CPR is given to suspect who died in police custody
In the video, Tyson said, "They’re trying to kill me," and also said, "I can't breathe."
His death was ruled a homicide.
WATCH MORE ABOUT THE RULING:
RELATED: Coroner rules Frank Tyson's death a homicide
Community response
In May 2024, attorneys representing Tyson's family compared his death to those of George Floyd and Eric Garner.
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The following week, protesters took to the streets and held a demonstration at Central Plaza in Downtown Canton.
WATCH WHAT HAPPENED:
RELATED: Protesters for 'Justice for Frank Tyson' in Canton Friday night
