Unit director weighing whether criminal charges warranted
The findings of Ontario’s Special Investigations Unit regarding the circumstances surrounding the death of Norfolk gunsmith Rodger Kotanko could be released any day now.
Wednesday, the SIU confirmed the five-member investigative team assigned to probe the death of Kotanko last fall has completed its work and submitted its findings. It is now up to SIU director Joseph Martino to determine whether, in his estimation, criminal charges are warranted.
“This file is with the director for review,” unit spokesperson Kristy Dennette confirmed in an email. “Once the director makes his decision on whether criminal charges will be laid, I will put out a news release.”
Kotanko, 70, died in his workshop on Port Ryerse Road west of Port Dover around noon Nov. 3 as members of the Toronto Police Service executed a search warrant. Details of what prompted an unidentified officer to shoot Kotanko four times should be in the SIU report once it is released.
The search warrant was not presented at the scene nor shared with Kotanko’s family immediately afterward. A couple months after the shooting, a copy was released to Simcoe lawyer Michael Smitiuch of Smitiuch Injury Law in Simcoe. Smitiuch has been hired to represent Kotanko’s family.
In the warrant, Toronto police allege Kotanko was the last registered owner of a pair of handguns seized in connection with separate criminal investigations. The serial numbers were ground off but police say forensic analysis revealed the digits embedded deep in the gun metal.
Kotanko was with a customer in his workshop when police executed the search warrant. Family members say the stranger called at 10 pm the night before Kotanko died to arrange an appointment for the next day to have a gun repaired. At last report, the family was still trying to learn the identity of the customer and whether he was connected in some way to Toronto police.
The Norfolk OPP were not involved in the Nov. 3 incident. In January, Smitiuch launched a $23-million wrongful death lawsuit on behalf of Kotanko’s family against the Toronto Police Service and individuals officers associated with the force. Smitiuch did not respond to an email Wednesday seeking an update on the matter.