Grand jury indicts 2 former Beaver County care facility employees on hate crime charges

PITTSBURGH — U.S. Attorney Cindy Chung and the Federal Bureau of Investigation announced a grand jury indictment alleging federal hate crimes against two former employees of a Beaver County care facility.

Zachary Dinell, 28, and Tyler Smith, 31, allegedly targeted disabled residents at a New Brighton care facility. They are accused of punching, kicking and attacking disabled residents.

The indictment alleges the two former care workers of McGuire Memorial in New Brighton repeatedly, viciously attacked residents with severe physical and mental disabilities.

Investigators say Dinell and Smith conspired to commit hate crimes and did so by targeting the residents each day at work.

“These victims were non-verbal and thus unable to report the abuse against them,” said Cindy K. Chung, United States Attorney in the Western District of Pennsylvania.

Investigators found they snapped photos and took videos of their attacks, and allegedly celebrated their actions by texting one another, plotting who they could go after next and how “badly they had messed up” the residents.

The indictment reads that Smith texted Dinell saying “(Resident 1) won’t be satisfied until he gets thrown off the highest point of a steel cage onto concrete to put him outta his misery.” Dinell responded saying “I was thinking about throwing (resident 1) in the dumpster out back and burying him so they’d take him in the garbage, but then I remember his sheep instincts would kick in and someone would hear him.”

In many instances, the workers punched, kicked, body slammed, spat, and even threw burning liquids into the patients eyes and mouths.

“You’ll realize how much pain the victims in each of the cases went through at the hands of the two people charged today,” said Michael Nordwall, FBI Pittsburgh Special Agent.

11 News spoke with Heather Harold, the sister of a former patient at McGuire Memorial.

“There is no way to express the hurt and anger my family is facing because of the despicable acts Zachary Dinell and Tyler Smith committed,” she said. “It was horrific to find out how completely inhumane Dinell and Smith are. Their victims were completely at their mercy with no way to report the crimes that were being committed against them. No way to speak out about their fear, humiliation and pain. To have to lie in wait for monsters to come to you must have been unbearable. To pick the most vulnerable victims speaks of the depravity of their actions.”

“My brother was the sweetest of souls,” Harold explained. “When I introduced him to each of his 4 newborn nieces and nephew.  The gentle ways he touched them and the way he would just smile and smile stroking them tenderly,  speaks to the gentleness and sweetness of Nicholas. I am grateful that the FBI was able to bring these charges against them. To know that Smith and Dinell  will finally have justice served against them, especially since there were charges that had to be dropped due to the statute of limitations gives me a little bit of peace.”

“I was appalled to learn at the initial hearing that Dinell was being charged with lesser crimes because time basically “ran out” to report,” she said. “To have a statute of limitations on crimes perpetrated on non verbal care dependent victims is absolutely ridiculous. I have been working with State Representative Lori Misgorski to introduce to the house a bill that will someday hopefully change the statute of limitations on crimes such as this.  My heart goes out to the other victims and their families at this time and want them to know they are not alone.”

Federal officials say McGuire Memorial fully participated with the investigation and won’t be charged.

An attorney speaking on their behalf told Channel 11:

“The prosecution by the U.S. Attorney’s office and FBI is precedent setting towards future advocacy in combatting abuse and neglect against persons with disabilities and holding all perpetrators accountable for their actions.”

Dinell is currently locked up in a state prison in Greene County. Smith is on unsecured bond, and will be arraigned Monday in federal court.

Stay with 11 News as we continue to follow these court proceedings.

Previous coverage:

• Channel 11 goes inside long-term care facility after criminal abuse case
• Man accused of taking disturbing videos of patients at care home takes plea deal
• Employee at home for people with disabilities charged with assault
• Man to stand trial for alleged incident involving disabled teen at care home
• Man accused of taking disturbing pictures, videos of patients at care home back in court

Channel 11 goes inside long-term care facility after criminal abuse case Channel 11 goes inside long-term care facility after criminal abuse case

©2022 Cox Media Group