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No Criminal Charges Will be Brought in Mark Bednarz’s Death

Jun 27, 2023 Press Releases

On June 26, 2023, the Massachusetts State Police Detective Unit received an official copy of the autopsy and toxicology report of Mark Bednarz, 56, of Savoy, MA, from the Office of the Chief Medical Examiner.  Mr. Bednarz was accused of breaking and entering into a residence in Adams, MA. The Berkshire County District Attorney’s Office will not be pursuing criminal charges against the homeowner. However, given continued requests for information, the District Attorney has issued a summary of the investigation.

 

On February 9, 2023, at approximately 2:20pm, the Adams Police Department responded to 57 Spring Street following an alert issued by a camera installed in the homeowner’s house.  The camera alerted to a potential residential breaking and entering. Upon arrival, police found the homeowner, 73, with visible injuries to his head, including a deep laceration in the middle of his forehead. An officer entered the residence and found Mr. Bednarz on the floor, unresponsive. Police began CPR on Mr. Bednarz while an ambulance was enroute. An Automated External Defibrillator (AED) was brought in to be used, however, on multiple occasions, the AED, which is able to analyze the patient, did not recommend a shock be given. Adams police officers continued CPR until ambulance personnel arrived and took control of Mr. Bednarz.

 

During the investigation to the day’s events, law enforcement learned that the homeowner had been parked down the street from his house when he noticed someone walking down his driveway. He drove to the front of the house, park his SUV, and entered the house through the side door, unlocking it before entering. As soon as he entered his home, the homeowner picked up a small, souvenir sized bat that was near the door, and proceeded further into the residence. He walked into a room which contained his gun safe and discovered Mr. Bednarz, attempting to drill into the safe. Despite being armed with the small bat, the homeowner decided not to hit Mr. Bednarz. However, the presence of the homeowner in the room startled Mr. Bednarz, prompting Mr. Bednarz to threaten the homeowner with the power drill he was using. The homeowner fought back against Mr. Bednarz and a struggle ensued. During the struggle, multiple items, including the small bat, a can of soup and the power drill Mr. Bednarz had, were used by both parties. The homeowner was finally able to physically restrain Mr. Bednarz. The opportunity arose for the homeowner to escape. He fled the house, got off the porch and headed to the roadway where he encountered Adams police officers who were arriving in response to the alert from the surveillance cameras. The homeowner explained to police that he wanted to call for help but could not locate his phone during the struggle.

 

Mr. Bednarz was transported to Berkshire Medical Center, North Adams, and once stable, was transferred to Berkshire Medical Center in Pittsfield. On February 10, 2023, Mr. Bednarz passed away. An autopsy, including a postmortem toxicology screening, was completed by the Office of the Chief Medical Examiner of Massachusetts. Neither the medical examiner, nor the doctor who treated Mr. Bednarz at Berkshire Medical Center, could conclude that the injuries he sustained during the altercation with the homeowner caused his condition. The toxicology report identified that Mr. Bednarz tested positive for fentanyl, opiates, cocaine, cannabinoids, and benzoylecgonine. The Office of the Chief Medical Examiner ruled the cause of death to be, “Complications of acute fentanyl intoxication in the setting of recent cocaine used and mechanical asphyxia” and the manner of death to be, “Homicide (substance abuse and compression by other).” Homicide a medical term used by the Medical Examiner as a classification for the death, not a legal conclusion as defined by Massachusetts General Laws.

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