"Shocked, baffled, surprised."
That is the reaction Dennis Sexton with the Omaha Police Officer's Association had after learning that Douglas County Attorney Don Kleine would be filing criminal charges against two former officers.
Kleine announced Wednesday morning that he is pursuing charges against officers Scotty Payne and Ryan McClarty for their involvement in the in-custody death of Zachary Bearheels.
Payne is being charged with Felony Second Degree Assault, which carries a maximum sentence of twenty years in prison. McClarty will be cited with Misdemeanor Third Degree Assault, which is punishable by one year in prison and/or a $1,000 fine.
Sexton says the officers are being denied their due process by Kleine filing charges before they have gone before a grand jury. "The most concerning part is that there's a state statute mandated grand jury process. It's unprecedented that charges are filed prior to that process being completed."
Sexton says the union is wondering how Kleine could file charges, when he knows that the officers did not intend to hurt Bearheels during the incident. "Part of the state statute, is that they have to intentionally and knowingly act in a manner that is assaultive and in this case Mr. Bearheels had no significant injures that were related to the officers' use of force. How their actions aren't responsible for the death, then result in criminal charges is confusing."
Payne is expected to have his first court appearance on Friday.