Cops face asssault in death of man shocked with stun gun

- A Nebraska prosecutor says he didn't charge two Omaha officers with murder or manslaughter -- but will charge them with assault -- in the death of a mentally ill man who was shocked a dozen times with a stun gun.

Douglas County Attorney Don Kleine announced Wednesday he didn't think there's evidence to support those charges against former officers Scotty Payne and Ryan McClarty.

Zachary Bearheels, 29 of Oklahoma, died June 5 after he was punched and dragged by his hair at a gas station convenience store.

Kleine said there's no evidence the officers intentionally killed Bearheels. Kleine also cited an autopsy report that said Bearheels died of "excited delirium," but couldn't say the shocks or punching of Bearheels caused his death.

Still, Payne and McClarty were fired from the Omaha Police Department, based on the recommendation of police Chief Todd Schmaderer.

Payne is charged with second-degree assault, a felony punishable by up to 20 years in prison. McClarty is charged with third-degree assault, a misdemeanor punishable by up to one year in prison.

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