Owensby struggled with officers who said they wanted to question him because he fit the description of a suspect. He was sprayed with a chemical irritant, police said. He died at a hospital less than two hours later. Lawyers for the officers did not immediately return calls for comment. Owensby's death angered black activists, who alleged police have a history of using excessive force.
Involuntary manslaughter carries up to five years in prison.
The assault charge is punishable by up to six months. It is not a private communication.