A judge has approved the appointment of a special prosecutor from Marion County to handle the high-profile case involving two Canton police officers charged in the death of Frank Tyson. The decision comes as Stark County Prosecutor Kyle Stone sought to withdraw from the case, citing conflicts with local law enforcement.
During a court hearing on November 19, 2023, defense attorneys for Officers Beau Schoenegge and Camden Burch indicated that they would pursue a dismissal if a special prosecutor was appointed. Following this, the court convened to discuss the particulars of bringing in Marion County Prosecutor Ray Grogan to oversee the proceedings.
The officers face charges of reckless homicide related to Tyson’s death while in police custody in April 2024. Body camera footage reportedly captured a struggle during which one officer placed a knee on Tyson’s back. The local coroner has officially ruled Tyson’s death a homicide.
Defense Attorney Don Malarcik asserted in a previous court session that the prosecution’s decision to indict the officers was politically motivated. He described the case as a “disaster,” emphasizing the need to clarify the situation. Attorney Gene O’Byrne, also representing the officers, stated that they are keen to ensure that the Marion County prosecutor is comfortable with the resolution being discussed.
With the trial scheduled to commence in late January, Stone confirmed that today’s hearing would be his last involvement with the case. Despite his withdrawal, he remains under a gag order and did not provide further details about the discussions surrounding the resolution. Notably, he had previously mentioned a perceived hostility between his office and Canton police, though he later characterized those claims as anecdotal.
As the case transitions to Grogan, he has yet to review all evidence related to the charges. Both the defense and prosecution plan to call their own medical and use-of-force experts to testify during the trial.
Tyson’s family, who attended the hearing, expressed hope that their attorney would be present for the next scheduled court date. The judge has set that hearing for the afternoon of next Friday, reflecting the ongoing attention surrounding this contentious case.
