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The death of a 53-year-old Ohio man who died in police custody in April after he repeatedly told officers “I can’t breathe” has been ruled a homicide.

Frank Tyson died April 18 after he was handcuffed and left face down at an AMVETS post in Canton, about 60 miles south of Cleveland. The preliminary autopsy report released Monday by Harry Campbell, chief investigator at the Stark County Coroner’s Office, lists the causes of death as cardiopulmonary arrest in association with physical altercation and prone restraint, as well as acute intoxication by cocaine and ethanol.

A homicide ruling does not mean a crime has been committed.

In a nearly 36-minute video of the encounter, Tyson resists being handcuffed and repeatedly says, “They’re trying to kill me” and “Call the sheriff,” as he is taken to the ground.

Canton Police

Once he is handcuffed, one of the officers appears to put his knee on the top of Tyson’s upper body, while Tyson says, “I can’t breathe,” multiple times. The officers tell him he is fine and to calm down and stop fighting as he is handcuffed face down. One of them leafs through his wallet.

Tyson appears to be motionless on the floor for more than 5 minutes, while at least one officer talks with bar patrons. One of the officers says: “I’ve always wanted to be in a bar fight. I don’t know if this counts.”

Tyson was lying motionless for more than 5 minutes before they checked him for a pulse.

Tyson, who was Black, had been taken into custody after a single-car crash severed a utility pole. A passing motorist whose face is blurred in the video directed officers to the AMVETS post. A woman opens the door to the building and asks police to remove Tyson. When the officers approach him at the bar, Tyson knocks over a barstool and tells them to get the sheriff. Video shows one of the officers asking whether Tyson had calmed down and whether he is breathing. An officer checks him for a pulse, and they later perform chest compressions on Tyson while he is unresponsive. 

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