Brentwood man’s lawyer concedes punches, but no malice

Defendant’s friend died amid dispute over beer

Pittsburgh Post-Gazette

Justin Vankirk’s defense conceded that he punched his friend and roommate three times, likely leading to bleeding in Charles Parker’s brain.

But Lisa Middleman argued Thursday that the prosecution failed to provide any evidence of malice that would make Justin Vankirk guilty of third-degree murder.

Instead, she said, her client ought to be found guilty only of involuntary manslaughter — an unlawful act done in a reckless manner that leads to death.

Allegheny County Common Pleas Judge Thomas E. Flaherty, who is presiding over the non-jury trial, will render his verdict Monday afternoon.

Mr. Vankirk, 35, and Mr. Parker, 58, lived together in an apartment in Brentwood, and according to investigators got into an argument early Nov. 1, 2016, when Mr. Vankirk accused his roommate of stealing his Keystone beer.

In a lengthy interview with police, Mr. Vankirk admitted to punching his friend about three times, but insisted that when he went to bed that night, Mr. Parker was alive and moving around the apartment.

Assistant District Attorney Matthew Robinowitz conceded that point when he played video surveillance captured nearby of Mr. Parker walking up steps toward Brownsville Road about 2:40 a.m.

Mr. Vankirk told police he woke up later that afternoon, saw Mr. Parker on the floor and believed he was still passed out drunk from the