A 19-year-old man shot Toronto police Const. Marc Pinizzotto three times at close range inside an apartment in North York in June, killing the 43-year-old member of the Emergency Task Force, the province’s police watchdog says. The Special Investigations Unit released on Friday its final report into the June 11 shooting, concluding that it is not laying any charges against another Toronto police officer who shot back at the 19-year-old after Pinizzotto was hit by gunfire. SIU Director Joseph Martino wrote in his report that the officer, who was designated as the subject official (SO), and Pinizzotto fired their weapons to defend themselves “from a reasonably apprehended attack” at the hands of the 19-year-old, who was named in the report as the complainant. The SIU report also detailed what transpired inside the unit of an apartment building in the area of Black Creek and Trethewey Drives on the day of the shooting. ETF members were in the area to execute a search warrant, which was one of many that were being conducted that morning across the city, targeting the complainant, who was wanted in a firearm investigation. Toronto police later said the search warrants were in connection with multiple shootings, including one at the U.S. consulate. At 5:40 a.m., ETF officers with their C8 rifles at the ready approached the apartment unit with Pinizzotto as the third officer in the stack outside the front door, the SIU said. The officers then used a ram to open the door and at the same time shouted that police were present with a search warrant. The SIU said Pinizzotto deployed a distraction device into the apartment as they made their way inside. Pinizzotto turned left into another hallway that led to the bedrooms and bathrooms. “He had taken a step or two when the door to the first bedroom on his right opened and the Complainant appeared. From the doorway, the Complainant raised his right arm, holding a pistol in (Pinizzotto’s) direction, and fired three times,” the SIU said. “The officer reacted immediately, discharging four rounds from his C8 rifle before collapsing onto his back in the hallway.” According to the police body-worn camera footage that the SIU reviewed, Pinizzotto was shot “at close range,” the report stated. Another officer, the SO, was behind Pinizzotto when gunfire began. The SIU said the SO pointed his rifle and fired nine times. “There was a momentary pause in the shooting as the SO moved forward towards the open bedroom door; the Complainant had either retreated and/or fallen into the bedroom during the initial volley of C8 gunfire,” the SIU said. “From the open doorway, the SO pointed his C8 in a downward direction and fired five more times at the Complainant, after which he continued to make his way down the hallway to check on the occupants of the other rooms.” Other ETF officers pulled Pinizzotto out of the apartment and performed emergency care, the SIU said. He was later transported to Sunnybrook hospital, where he was pronounced dead. The 19-year-old complainant was also taken to the hospital in life-threatening condition. The SIU said he was shot in the chest, abdomen, back, right arm, and both legs. The SIU noted that there were four other people in the apartment, and none of them were injured. Officers had ‘no alternative’ but to shoot back In his report, SIU Director Martino wrote that he was satisfied the officers fired their rifles in self-defence and the complainant’s use of a gun “left them with no alternative” to resort to “lethal force of their own.” “There can be no doubt that the officers believed their lives to be in danger and that they acted to protect themselves from grievous bodily harm and death,” Martino said. “Put simply, nothing short of a firearm had the stopping power required of the moment. Retreat or withdrawal were not viable options given the speed at which events unfolded, and the use of less-lethal weaponry would have exposed the officers to a greater risk of harm.” As for the SO’s second round of gunfire, Martino said the officer did not have confirmation that the complainant was incapacitated “and with good reason to believe that he was still armed or had ready access to the gun, the Complainant remained a lethal threat as far as the SO was concerned.” Toronto police later identified the 19-year-old as Nicholas Bennett. He was later charged with first-degree murder. Bennett has since appeared in court video at least three times. He is scheduled to return to court on Nov. 4. Following the conclusion of the SIU investigation, Toronto Police Chief Myron Demkiw released a statement. “While this decision brings their investigation to a close, it does not diminish the profound loss our Service continues to feel. On that day, we lost Constable Marc Pinizzotto, a dedicated member of our Emergency Task Force, a respected colleague, and a friend. Marc gave his life in service to others, and his sacrifice will never be forgotten,” Demkiw said. The chief commended members of the ETF, who he said have “demonstrated tremendous resilience while continuing to serve the people of Toronto with dedication,” in the months since Pinizzotto’s death. “I want to thank members of the public for their support during this difficult time and for continuing to keep Marc’s family, friends, and loved ones in their thoughts. Their ongoing support has meant a great deal to our Service and to all those who knew and loved Marc.”
