Earlier this month a grand jury added a brand new charge against former Omaha Police Officer Scotty Payne in the violent death of Zachary Bearheels outside a Bucky's at 60th and Center.
Douglas County Attorney Don Kleine says the 'deadly use of a weapon' charge against Payne will be now be prosecuted by the Nebraska Attorney General after an agreement was reached between the state and Douglas County attorneys.
While being taken into custody last June, Bearheels was tased repeatedly and beaten by Payne and another officer Ryan McClarty. Kleine initially charged the two officers, but then a Grand Jury was convened led by the Attorney General's office.
Kleine says that since there cannot be two trials for the same charges, they had agreed to let the Attorney General proceed with the prosecution and he dismissed the local charge against Payne.