CANTON, Ohio — The Stark County prosecutor appears to be getting what he wants: to be removed from the high-profile case of two Canton police officers facing charges in the death of Frank Tyson.
Last time in court, on Nov. 19, the defense said they’d ask for a dismissal if a special prosecutor was appointed.
Stark County Prosecutor asks to be removed from Tyson case.
Today, Canton officers Beau Schoenegge and Camden Burch sat quietly as the attorneys hashed out particulars for a special prosecutor from Marion County to take over.
"There’s been a resolution put out there we would like the attorney from, was it Marion County? Yes, Marion County to see if he’s comfortable with the resolution,” Defense Attorney Gene O’Byrne said.
The trial is scheduled to begin in late January.
Schoenegge and Burch are charged with reckless homicide in the death of Tyson while in custody in April 2024.
Body camera video showed a struggle with one of the officers placing a knee on Tyson’s back.
Coroner rules Frank Tyson's death a homicide.
"This case is a disaster. These men did nothing wrong, and we need to get to the bottom of this today,” Defense Attorney Don Malarcik said.
Malarcik made that statement in court last month.
The defense called Prosecutor Kyle Stone’s move to indict the officers politically motivated.
They even wanted to put Stone on the witness stand to explain why he waited three months before trial to ask the court to appoint a special prosecutor.
"It’s nothing political involved, it’s just grandstanding,” Stone replied.
Court records show Stone claimed there was hostility between Canton police and prosecutors in his office. But then, later stated that it was only anecdotal.
Nothing was revealed in court about the resolution discussion between the last hearing and the one today.
Stone said today’s hearing would be his last appearance connected to the case, but he is still under the gag order. The judge said he was going to grant the motion for a special prosecutor.
Marion County Prosecutor Ray Grogan will be brought up to speed, and then he will take over the case.
Stone said Grogan has yet to review all of the evidence.
Both sides revealed they plan to call their own doctor and use-of-force experts.
Tyson’s family filled half the gallery, but their attorney was not in court.
The judge asked them if they expected their attorney to attend a hearing set for next Friday afternoon. A family member answered, "sure hope so."
