( This story was updated to add new information.)
The family of a Gardner man who died as a result of injuries sustained as the Oktoberfest festivities were winding down last year is still seeking answers about exactly what happened.
The incident remains under investigation by the Worcester County District Attorney's Office, according to a spokesperson. The spokesperson declined to answer any additional questions.
According to police, 64-year-old Kenneth Biswanger was standing outside Beauregard Liquors possibly taking pictures of the moon just after 7 p.m. September 30 when he stepped off the sidewalk and someone who was running down the street apparently collided with him.
Surveillance video from the store showed the collision, according to a Gardner Police Department report.
A responding officer wrote in his report that the victim, who was identified as Biswanger, was "lying on his back, eyes open, pupils pin pointed, and he was having agonal breathing."
Biswanger was transported to a hospital. His family took him off life-support and he was pronounced dead Sunday, October 1.
"We still have nobody that has come forward as a witness (to the incident)," said Robert Biswanger, Kenneth's brother. "State police have the video and has refused to release it."
Cause of death 'blunt force trauma'
According to a death certificate filed with the Gardner City Clerk's Office, Biswanger's death was caused by "blunt force trauma of the head," but the manner of death "could not be determined." The report also lists "hypertensive and atherosclerotic cardiovascular disease" as significant conditions contributing to death but not resulting in underlying cause.
After Biswanger was flown from the scene, the police officer reported being approached by a witness, according to the report. The witness told the officer that he and a few of his friends had been running down the street when a man “came out of nowhere” and, unable to avoid Biswanger, “ran into him, knocking him down.”
Incident captured on surveillance video
Robert, who said he had viewed a portion of the video showing the incident, said it looked more like an assault than an accident.
"The way it looks, (Kenneth) was standing in the street and he was jumped, and that's the way the video kind of plays it out," Robert said. He added that his family is unable to obtain a copy of the video because the investigation into the incident is ongoing.
The witness, who The Gardner News is not naming because he was not charged with any crime, told investigators he was concerned about Biswanger's well-being. Officers collected the witness' personal information and allowed him to leave.
Robert said his family would like to know exactly what occurred as the one-year anniversary of his death approaches.
The Biswanger family hired Attorney Martin Winstead, whose office has conducted its own investigation into the circumstances surrounding the death. Winstead said he is preparing to bring a lawsuit against those who enabled and contributed to the death of Kenneth Biswanger.
"It is clear from that investigation that the City of Gardner and the festival organizers enabled and encouraged excessive public drinking, then failed to provide proper security and monitoring of the event, leading certain participants to engage in risky and, ultimately, deadly behavior," Winstead said. "Our office therefore (is) filing suit against all parties who played a role in this tragedy."
Caution urged at this year's Oktoberfest
"It would be nice if we could just remind people to be careful during Oktoberfest because such-and-such happened last year and Kenneth Biswanger ended up dying as a result of this accident and please be aware of your surroundings at all times and that type of thing," Robert said.
Anyone with additional information about the incident is urged to call the Worcester County District Attorney's office at (508) 755-8601.
This article originally appeared on Gardner News: 'Encouraged excessive' drinking: Gardner family seeks answers following Oktoberfest death
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