Prosecutors not pursuing charges against Adams homeowner who fought off intruder that later died

Prosecutors said Tuesday that they would not pursue criminal charges against the Adams man who confronted an intruder in his home earlier this year. The intruder, 56-year-old Savoy resident Mark Bednarz, died shortly after the incident.

The Berkshire County District Attorney’s Office released a summary of the investigation in response to multiple requests for information from the media.

At about 2:20 p.m. on Feb. 9, Adams Police were called to 57 Spring Street. A camera installed by the homeowner automatically alerted authorities when it picked up a person potentially breaking into the house.

Police found the 73-year-old homeowner with visible head injuries, including a deep laceration in the middle of his forehead. Officers entered the house and found Bednarz unresponsive on the floor.

While an ambulance was called to the scene, police began CPR on Bednarz.

“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,” The Berkshire District Attorney’s office said in a statement.

Officers continued CPR until medical professionals arrived and took over.

According to a police investigation, the homeowner was parked down the street from his residence when he noticed someone walking down his driveway that afternoon. The homeowner drove to the front of the building, parked, and entered through a side door.

Once inside, he picked up a “small, souvenir sized bat” that was near the door and continued further into the house. He eventually encountered Bednarz attempting to drill into his gun safe, prosecutors said.

“Despite being armed with the small bat, the homeowner decided not to hit Mr. Bednarz,” prosecutors said.

Startled, Bednarz allegedly threatened the homeowner with the power drill he was using on the safe, and a struggle ensued as the homeowner fought back. both men seemingly used anything at their disposal during the fight.

“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,” prosecutors said.

The homeowner physically restrained Bednarz and then fled the house. He encountered Adams Police officers on the road nearby. He told them that he wanted to call police during the struggle but could not find his phone, officials said.

Bednarz was first brought to a Berkshire Medical Center in North Adams. He was stabilized before being brought to a Berkshire Medical Center in Pittsfield. Bednarz died on Feb. 10.

“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,” prosecutors said.

An autopsy, which included a toxicology screening, found that Bednarz had ingested fentanyl, opiates, cocaine, cannabinoids, and benzoylecgonine.

The Office of the Chief Medical Examiner ruled that the cause of death was “Complications of acute fentanyl intoxication in the setting of recent cocaine used and mechanical asphyxia.” The manner of death was determined to be “homicide (substance abuse and compression by other).”

Officials clarified that “homicide” is, in this case, a medical term used by the Medical Examiner to classify the death. It is not a legal conclusion.

Bednarz lived a complicated, tragic life plagued by substance abuse and multiple stints in prison. His daughter started doing drugs while Bednarz was incarcerated, and later died from an overdose. His family remembers him as a good listener with a sense of humor who enjoyed making art and sharing it with loved ones, according to reporting from The Berkshire Eagle.

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