DA: Outside agency will decide whether to charge off-duty officer in Kenneth Vinyard's death

BEAVER, Pa. (KDKA) - The Beaver County district attorney said he'll turn over the decision on whether to charge an off-duty Center Township officer in the death of a Good Samaritan to an outside agency. 

Joel Sansone, the attorney for Kenneth Vinyard's family, said the officer pushed and killed Vinyard when he was trying to help a shooting victim in the parking lot of the Monaca Walmart. 

District Attorney David Lozier said much of the investigation into Vinyard's death has been completed by the Pennsylvania State Police and the officer involved is on administrative leave. Lozier said he is referring the case to an outside agency because of transparency. 

Police said 20-year-old Rashaun Smith was shot in the stomach at the Walmart on Brodhead Road earlier this month. Vinyard rushed to the side of Smith to help him.

Once paramedics arrived, Sansone said Vinyard stepped away to allow them to do their job. Sansone said an off-duty officer violently pushed Vinyard to the ground, causing him to slam his head on the pavement. He was rushed to a hospital, where he later died. Sources say there is body camera footage from another officer that night at the Walmart. 

"There is no good explanation for tackling a man who was doing nothing," Sansone said. "And all of the witnesses that we've spoken to have confirmed that Mr. Vinyard was not in any way a threat to this police officer."

Sources told KDKA-TV's Jennifer Borrasso a preliminary autopsy report by the coroner's office says Vinyard may have suffered a cardiac event, but Sansone disagrees. 

"This police officer and his conduct killed the man, whether it was by a skull fracture that resulted in a traumatic brain injury or whether it was by a heart attack caused by the conduct of this officer, it's still manslaughter, if not second-degree murder," Sansone said. 

KDKA's Jennifer Borrasso obtained cell phone video from a witness outside the Walmart store. Sansone said it appears to show the officer sweeping at Vinyard's legs, pushing him near his neck area. Vinyard falls to the ground, slamming his head on the pavement.

Lozier said a cause and manner of death have not been determined, and he agrees with the family's decision to hire Dr. Cyril Wecht to do an independent autopsy.  

The officer's name has not been released, and Lozier said it won't be unless there are criminal charges, which an outside agency will determine.