Four other Summit County Sheriff's Deputies have been indicted on reckless homicide and felonious assault in the death of Mark McCullaugh Jr.
McCullaugh, 28, died in August 2006, after being restrained.
"He was in the psychiatric ward of the Summit County Jail. He had been tasered. He had been physically assaulted," said Special Prosecutor, John Kosko.
"He couldn't breathe. A combination of things, physical assault, the way he was restrained, the way he was tasered. And he had been gassed with O.C. spray." Kosko said.
"Within 45 minutes of that, he was dead."
Kosko, an assistant prosecutor with the Cuyahoga County who was appointed to the case said the five Summit County deputies were all present at various times of the struggle to subdue McCullaugh.
McCullaugh, who weighed nearly 300 pounds, had threatened to hurt himself.
Deputy, Stephen Krendick was indicted on first degree murder.
Sgt. Brett Hadley who was the supervisor that night and Deputy Brian Pollinger were indicted on reckless homicide.
Deputies Mark Mayer and Dominic Martucci were indicted on felonious assault.
The deputies have been placed on leave and have agreed to surrender to authorities Monday morning.
They are scheduled to be arraigned Tuesday in Summit County.
The medical examiner ruled his death a homicide. A preliminary autopsy found that McCullaugh died from asphyxiation from forms of restraint and blows.
Summit County Sheriff Drew Alexander called for an independent investigation four days after McCullaugh's death.
The Attorney General's office and a detective with the Bureau of Criminal Identification and Investigation took the lead on the probe.
McCullaugh's family, in the meantime, has filed a wrongful death lawsuit against the deputies, and several others in charge of McCullaugh's care at the jail.