CANTON, Ohio — Two months before a high-profile trial in Canton, the prosecutor is trying to get removed from the case.
Two Canton police officers are charged in connection with the death of Frank Tyson in April 2024.
On Wednesday, in Stark County Common Pleas court, there was a contentious hearing as one defense attorney lashed out at actions by the county prosecutor, Kyle Stone.
Canton officers Beau Schoenegge and Camden Burch sat in silence as defense attorney Don Malarcik argued why he thinks Stone should take the stand to explain why he filed a motion for the appointment of a special prosecutor three months before the trial was set to begin.
“This case is a disaster. These men did nothing wrong and we need to get to the bottom of this today,” Malarcik said.
Tyson died after being arrested by the Canton officers. Body camera video showed a struggle with one of the officers placing a knee on Tyson’s back.
Tyson told officers he couldn’t breathe seven times, and seven minutes passed from when Tyson was handcuffed before officers realized something was wrong.
That November, a grand jury indicted the officers on reckless homicide charges.
Malarcik said Stone was up for election four days later.
“The timing of this is highly, highly suspicious and suggests political motivation,” Malarcik said.
Stone called that notion absurd.
“It’s nothing political involved, it’s just grand standing and so we presented it just as normal and in this situation there was an indictment that took place,” Stone said.
The officers pleaded not guilty in the case.
RELATED: 2 Canton officers indicted in Frank Tyson's death plead not guilty
Last month, roughly a year after the indictment, Stone filed a motion for the court to appoint a special prosecutor.
But the judge and the defense want to know why Stone waited until three months before trial.
“We basically put the case in the position to where the special council could take it and move forward with it with no issues,” Stone said.
Stone’s original motion for a special prosecutor claims incidents of hostility by Canton officers toward prosecutors in his office since the onset of the case.
Then, in newly filed paperwork said there was nothing in particular; rather, it was anecdotal.
“Those two things just can’t be true judge we have a right to know pursuant to Brady what Mr. Stone is talking about,” Malarcik said.
Judge James Kimbler spoke directly to Stone about what could happen in this case.
“It seems like you are putting this court in the position that grants the application of a special prosecutor is setting up an issue on appeal,” Judge Kimbler said.
The defense said if a special prosecutor was appointed, he would then ask for the case to be tossed and even file a motion for the grand jury minutes and Stone’s emails and text messages to anyone.
“I would anticipate a motion to dismiss if the conflict exists now it existed at the time Mr. Stone presented this to a grand jury,” Malarcik said.
After an hour in recess so Stone could speak with his team, the case was continued to December.
