Pittsburgh Post-Gazette

Center Twp. officer faces wrongful death lawsuit

- By Jordan Anderson

A federal civil rights lawsuit has accused a Center Township police officer of murder following a fatal incident in a Walmart parking lot in November.

At a news conference Tuesday, Pittsburgh attorney Joel Sansone announced a lawsuit against Center Township and police officer John Hawk on behalf of the family of Kenneth Vinyard, who died after Officer Hawk pushed him to the ground while off duty.

The suit, filed in the District Court for the Western District of Pennsylvan­ia, claims Officer Hawk violated Vinyard’s constituti­onal rights when he used excessive force on Vinyard, resulting in his death. The suit also claims Center Township did not take action against Officer Hawk immediatel­y after the assault and failed to properly train, discipline and supervise its employees.

The suit asks for a jury trial and seeks compensati­on for a variety of damages, including funeral expenses and medical costs, as well as punitive damages against Officer Hawks.

“Ken Vinyard was murdered by a bad cop, and his family wants justice,” Mr. Sansone said. “He was a father, a son, a brother, a friend and a loving partner. He was a truck driver with a family who loved him, including a 12-year-old daughter whose heart is broken.”

On Nov. 6, Vinyard sought to help a wounded shooting victim outside Walmart in Monaca. Rashaun Smith, 20, had been shot in the abdomen, according to police.

Vinyard’s fiancee, Marcy Beatty, and a friend were there with him, according to the complaint.

Once paramedics arrived, the suit states Vinyard stepped away but a man, later revealed to be a police officer, “forcibly and violently propelled” Vineyard onto the ground as he tried to explain he was helping the victim. Mr. Vinyard struck his head on the pavement, according to the complaint.

Mr. Sansone said the offduty officer was not in uniform and did not identify himself.

“Ken was reaching his hand down to help a victim that he didn’t know,” Mr. Sansone said. “He was just trying to help somebody.”

The suit claims Vinyard had suffered various injuries, including a skull fracture. He later died in the hospital.

“It’s a nightmare for the family, his daughter,” Ms. Beatty said at the news conference. “Being there and witnessing the whole thing and trying to save his life — it’s horrible.”

Deborah Little, Vinyard’s sister who is represente­d in the suit, said she wants justice for her brother, who died “a hero.”

In November, Beaver Center District Attorney David Lozier said investigat­ors had largely completed their review of Vinyard’s death but were still awaiting the final autopsy report. He cautioned that such reports often take six to eight weeks.

The Beaver County Coroner’s Office told the Post-Gazette on Tuesday that there has been no update on Mr. Vinyard’s autopsy results.

In a November news release, Mr. Lozier said speculatio­n around the case has “run rampant” and asked the community to be patient. He said the officer involved was placed on administra­tive leave following the incident. At the time, Mr. Lozier said he would not identify the officer, who is now named publicly.

Mr. Lozier told the PostGazett­e on Tuesday that he had referred the case for investigat­ion with the Office of the Attorney General in December. A spokespers­on for the attorney general said they cannot comment on an ongoing investigat­ion.

Michael DeLorenzo, solicitor for the township police department, did not respond to inquiries about the officer’s status with the department.

Mr. Sansone said the police department has been unresponsi­ve to his and the family’s inquiries.

“We have had almost no word from the police,” Mr. Sansone said. “Just a halfhearte­d, ‘We’re sorry,’ late in the process. But really, we’ve had almost no response from them. Certainly no one is taking responsibi­lity for what happened here.”

Mr. Sansone said he is still unclear if Mr. Hawk has since returned to his position.

Ms. Little is still seeking answers for why her brother is dead. “I’m going to fight for justice for my brother,” she said. “I want to see this cop charged with murder. I think he doesn’t deserve any less than that.”

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