Douglas County Attorney Don Kleine says two Omaha Police officers involved in an altercation with suspect Zachary Bearheels are being charged with assault. Bearheels ultimately died after the clash with police.

The case led to the two officers being fired on the recommendation of Chief Todd Schmaderer.

Bearheels, 29, was involved in a disturbance. Police responded and as officers tried to subdue him, Bearheels was shocked with a stun gun a dozen times.

Officer Scotty Payne and Officer Ryan McClarty were fired earlier this month.

Kleine said Wednesday that Payne is being charged with Second Degree Assault. McClarty is being charged with Third Degree Assault.

Officials say Bearheels died after being shocked 12 times with a Taser, punched and dragged by his hair by the officers.

The cause of death was listed as "Excited Delirium" - a sudden death caused by agitation and distress.

Kleine announced the charges against the officers at a Wednesday news conference. The law also requires a grand jury investigation of the incident but the Douglas County prosecutor says the charges from his office will be filed before that happens.

Kleine said, "Zachary Bearheels had committed no crime." Kleine said Bearheels was suffering from mental illness. He was handcuffed, dragged by the hair and shocked by the TASER.

The prosecutor said, "Our deepest sympathy goes to the Bearheels family."

The prosecutor played video of what he called "relevant portions" of the encounter as captured by an OPD cruiser camera. The video shows Bearheels lying motionless on the ground after being tased and beaten.

Kleine said, "There's no evidence that these officers intentionally killed Zachary Bearheels." He said the questions for the prosecutor's office focused on whether excessive force was used and whether the officers were justified in their response.

A grand jury will be convened September 26th but that will likely be a moot point in this case. Kleine is moving ahead with charges.

Payne is expected to turn himself in on Friday. McClarty will receive a citiation and the case will proceed from there.

Payne could face up to 20 years in prison if convicted. McClarty could face up to one year.

Omaha Mayor Jean Stothert is out of town and issued a statement Wednesday saying video from the incident supports the disciplinary action taken immediately after the incident.

Stothert wrote, "I have seen the video of the incident resulting in the death of Mr. Bearheels. It shows clear violations of Omaha Police Department policies and validates the disciplinary actions taken immediately by Chief Schmaderer.

I again offer my sincere sympathies to the Bearheels family.

Throughout this investigation, providing a transparent public record has been our priority. The Bearheels family deserves it and the citizens of Omaha deserve it."

Police Chief Todd Schmaderer issued a statement Wednesday affirming his support for the department but admitting that things went wrong in the Bearheels case.

"I am steadfast in my support of the men and women of the Omaha Police Department who perform a very difficult job day in and day out with compassion and professionalism. However, as I said before we did not handle our encounter with Mr. Bearheels in a manner consistent with our policies and culture.

The Chief of Police and the County Attorney have separate and distinct responsibilities in addressing in-custody deaths. The Omaha Police Internal Investigation continues for the remaining officers on the scene. Once the investigation is complete I can render my final employment decision."