Grand Jury adds 'use of a deadly weapon' charge to officer in Bearheels death case

Officer Scotty Payne (L) and Officer Ryan McClarty (R) are charged in the death of Zachary Bearheels on June 5, 2017

OMAHA, Neb (FOX 42 KPTM)-- A Douglas County District Court Grand Jury added a charge to a former Omaha Police Officer in the Zachary Bearheels death case.

Former officer Scotty Payne is now charged with Use of a Deadly Weapon to Commit a Felony on top of second degree assault.

Former officer Ryan McClarty is charged with assault in the third degree.

Investigators say the officers Tased Bearheels at the Bucky's near 60th and Center on June 5, 2017. He died the next day.

According to the coroner's report, the stun gun was not the sole cause of death.

It determined the physical struggle and physical restraint also lead to Bearheels death.

The Grand Jury also concluded his death was caused by Excited Delirium, physical struggle, and use of a Taser.

It also offered a number of recommendations for the police department:

1. Proposed all officers of the Omaha Police Department go through mandatory and annual training surrounding interactions with mentally ill people and specifically those who are affected by excited delirium syndrome

2. Proposed that all officers undergo annual and mandatory training regarding crisis intervention.

A special prosecutor has been ordered.

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