'RECKLESSLY TARGETED': Gunsmith's family sues Toronto Police over shooting deathLast Wednesday, Toronto Police shot and killed a 70-year-old man. You likely haven’t heard a thing about it.
Part of the reason for that may be that the shooting happened nearly 150 kilometres away on a rural road outside of Port Dover.
Rodger Kotanko was shot once in the neck and three times in the chest. He was later pronounced dead at hospital.
LILLEY: We deserve answers about police shooting of 70-year-old man — Toronto Sun
Last Wednesday, Toronto Police shot and killed a 70-year-old man. You likely haven’t heard a thing about it. Part of the reason for that may be that the shooting happened nearly 150 kilometres away on a rural road outside of Port Dover. Rodger Kotanko was shot once in the neck and three times in...apple.news
They describe police as executing the search warrant without notice, kicking in the door to Kotanko’s workshop, and opening fire right away.
Kotanko was a renowned gunsmith with clients from across the country, even the United States and Europe. He also looked after guns for members of the local OPP detachment.
In the meantime, locals have a message to Toronto Police: Keep your cops and your crime in the city, and don’t come knocking in Norfolk County anytime soon.
Rodger Kotanko was killed Nov. 3 as Toronto Police executed a search warrant at his workshop near Port Dover
Author of the article:
Postmedia News
Postmedia News
Monte Sonnenberg
Publishing date:
Jan 18, 2022 • 10 hours ago • 4 minute read •
59 Comments
Jeff Kotanko, brother of slain gunsmith Rodger Kotanko, speaks during a news conference on Thursday, Nov. 18, 2021 at Kotanko's home near Port Dover, Ont. Kotanko died of gunshot wounds Nov. 3 after Toronto Police executed a search warrant at the gunsmith's shop at his home.
Jeff Kotanko, brother of slain gunsmith Rodger Kotanko, speaks during a news conference on Thursday, Nov. 18, 2021 at Kotanko's home near Port Dover, Ont. Kotanko died of gunshot wounds Nov. 3 after Toronto Police executed a search warrant at the gunsmith's shop at his home. Photo by BRIAN THOMPSON /POSTMEDIA NETWORK
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Nine family members of gunsmith Rodger Kotanko filed a civil lawsuit Tuesday against the Toronto Police Service seeking $23 million in damages.
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The 70-year-old Port Ryerse, Ont. man was shot and killed Nov. 3 as Toronto Police executed a search warrant at his workshop west of Port Dover.
In a summary accompanying the statement of claim, Simcoe lawyer Michael Smitiuch alleges “the search warrant was unlawfully executed as it was not presented the day of the raid and was obtained using irrelevant and prejudicial information.
“It’s also alleged that police recklessly targeted Kotanko, negligently planned the raid, and exercised excessive and unjustifiable force when they stormed his home workshop, firing four shots into him. It’s also alleged that the officers unlawfully detained and restrained Kotanko’s wife (Xueqin Mai) and prevented her from providing him with comfort after he was shot and dying.”
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None of the allegations contained in the statement of claim have been tested in court.
At a recent press conference at the Kotanko residence, Smitiuch complained that the search warrant was not shown at the scene, nor had the family seen its contents. In an interview Monday, Smitiuch said Toronto Police recently furnished the family with a copy.
Smitiuch said Toronto Police acted after seizing two firearms – one in North Bay, the other in Toronto – with serial numbers that had been ground off. Police were able to decipher the missing stamps under forensic analysis and acted after Kotanko was identified as the last legal owner.
OPP officers are pictured outside the home of Norfolk gunsmith Rodger Kotanko, 70, on Nov. 4, 2021. The SIU is investigating after Toronto Police shot and killed Kotanko.
OPP officers are pictured outside the home of Norfolk gunsmith Rodger Kotanko, 70, on Nov. 4, 2021. The SIU is investigating after Toronto Police shot and killed Kotanko. Photo by Postmedia News /Toronto Sun
In the statement-of-claim, the Kotanko family alleges the basis for securing the search warrant was weak. They accuse the Toronto Police Service of damaging Kotanko’s reputation with the revelation that he was charged at age 19 with possession of marijuana for the purposes of trafficking.
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As well, Smitiuch said Kotanko was charged when he was young for making a single-shot flintlock pistol, which is a prohibited firearm in Canada.
The plaintiffs in the civil action are listed as Kotanko’s mother Elinor Kotanko, brother Jeffrey Kotanko, sister Suzanne Kantor, wife Mai, son Conner Kotanko, son Colton Kotanko, sister Charlene Gorham, sister Marilyn Carrie, and daughter Minying Qin.
The defendants are listed as Officers John Doe Nos. 1 through 5, Insp. Norman Proctor, head of the Toronto Police Services’ Integrated Gun and Gang Task Force, Chief James Ramer, head of the Toronto Police Service, and the Toronto Police Services Board.
“The defendants had no reasonable basis for or lawful authority for performing the search warrant upon the premises which results in Rodger’s death,” the statement-of-claim alleges. “The fashion in which the defendants executed the raid was a gross and negligent misuse of power.”
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Highlights of the statement-of-claim, which runs to 32 pages, include:
The lawsuit alleges there was more than $20,000 in a safe in Kotanko’s workshop at the time of the raid. The statement of claim says the money was missing once Toronto police vacated the scene.
The lawsuit says Toronto police had Kotanko’s home under surveillance from Nov. 2 until the search warrant was executed around noon the next day. Toronto police allegedly “increased the likelihood that Rodger would be badly injured (or) killed” by allowing him to enter his shop, where there were guns, after returning home from grocery shopping with his wife. Smitiuch wants to know why police did not apprehend Kotanko in his driveway when he pulled in.
Many want to know the identity of the “alleged customer” who was with Kotanko at the time he was shot. The family says this person – who was unknown to Kotanko – called 10 p.m. the night before to arrange an appointment. Smitiuch says the family has yet to be informed as to the identity of this person. The statement-of-claim alleges police “allowed an alleged customer to be put in harm’s way and potentially interfere with the safe execution of the raid.”
The statement of claim says the police officers involved “were incompetent to carry out the duties of police officers and lacked the reasonable care, skill, ability and training necessary to perform the duties of a police officer and ought not to have been assuming the responsibilities and obligations of their positions. They had a history of violent, uncontrollable rage and had unlawfully assaulted innocent victims before, for which they were previously disciplined.”
The statement of claim alleges the officers listed, along with Proctor, “suffered from psychological and/ or psychiatric problems rendering them unfit to be police officers.”
The statement of claim says Kotanko’s family – as a consequence of the defendants’ actions – has suffered a wide range of psychological symptoms following his death. These include “depression, anxiety, nervousness and irritability, mood disorders, insomnia and sleep disturbances, nightmares and flashbacks.”
The statement of claim criticizes the defendants for allegedly failing to co-ordinate their action with the Norfolk OPP “when they knew or ought to have known that co-ordination would have been beneficial for planning and tactical reasons and would have minimized the potential for harm to Rodger and the officers involved in the raid.”
The statement of claim has been filed in the Ontario Superior Court of Justice.
Kotanko’s death is the subject of a probe by the Special Investigations Unit, the civilian agency that investigates police shootings.
Due to that investigation, a Toronto Police spokesperson said that, while they have received the statement of claim, it would be inappropriate to comment.
'RECKLESSLY TARGETED': Gunsmith's family sues Toronto Police over shooting death
Rodger Kotanko was killed Nov. 3 as Toronto Police executed a search warrant at his workshop near Port Dover
