Special prosecutor to present evidence in former OPD officers' case

Special prosecutor to present evidence
Posted at 12:15 PM, Sep 20, 2017
and last updated 2017-09-20 13:15:01-04

It will be a special prosecutor, not Douglas County Attorney Don Kleine who will present evidence to a grand jury in the cases of former Omaha Police officers Scotty Payne and Ryan McClarty. 

According to our partners at the Omaha World-Herald, not having Kleine present the case puts a major twist in the state's case. 

Payne and McClarty were both charged with assault for their roles in the in-custody death of 29-year-old Zachary Bearheels. 

Payne faces a felony second-degree assault charge while McClarty faces a third-degree assault charge, which carries a misdemeanor. 

According to state law, a grand jury is called anytime someone dies in police custody.