23 rounds cost cop 7 days’ pay

Tash Baiati guilty of misconduct for firing at car in 2015 Distillery District incident caught on video

The Toronto officer convicted for misconduct after firing 23 rounds into a stationary car in the Distillery District has been sentenced to seven days’ docked pay at a police disciplinary tribunal.

Last fall, Const. Tash Baiati pleaded guilty to one count of insubordination in the incident, which took place on Sept.16, 2015, when he opened fire, at midday, into the hood of a stolen silver sedan near Parliament St. and Mill St. following a car chase.

Baiati, a Toronto police officer of eight years, was captured on video repeatedly firing his gun into the engine compartment of a car driven by Edward Skotnicki, 60, who has a lengthy criminal record and a history of dangerous car chases, although officers did not know his identity at the time.

Firing a gun at a car solely to disable it is banned by Toronto Police Service firearms procedure.

“The actions of Constable Baiati in a densely populated area at a time of day when there were many members of the public nearby, created a significant risk to public safety,” the hearing officer, Insp. Richard Hegedus, wrote in a decision released Monday, noting the incident generated widespread media coverage that damaged the reputation of the Toronto police.

Hegedus said Baiati was responding to “a dynamic and dangerous situation,” and he and his fellow officers were acting in the public interest trying to apprehend a dangerous offender “in circumstances where their personal safety was at risk.”

“Though Constable Baiati was engaged in the performance of his duties, he selected an unauthorized and unsafe means to do so,” Hegedus wrote.

“There were other actions Constable Baiati could have taken that did not involve the discharge of his firearm. The firearm discharges in the circumstances were prohibited.”

According to the agreed statement of facts, Baiati, a member of downtown’s 51 Division, was among several officers responding to a call reporting a stolen vehicle in the area around Bond and Shuter Sts.

There was a brief chase, which ended when the stolen car collided with a Toronto police cruiser on Mill St., partially pinning the stolen vehicle. Officers unsuccessfully attempted to gain control of Skotnicki through an open driver’s-side window.

In interviews with Toronto police professional standards investigators, other officers on the scene said they believed the car was not fully pinned and could still break free, possibly posing a public safety risk.

Responding to the scene, Baiati was positioned almost directly in front of the car, and said the car was revving as he pulled out his gun. Realizing he did not have a clear shot at the driver, Baiati decided to use his gun to stop the car. He aimed away from the driver and other officers and fired 14 rounds from his pistol. He then reloaded and fired nine more rounds into the engine.

“Tunnel vision had kicked in . . . I’m like, ‘this has got to stop now,’ ” the officer told the investigators, adding he felt the need to fire the second series of shots because he believed the car still needed to be disabled.

During the police disciplinary hearing, the prosecution called Baiati’s actions “serious misconduct that placed the public at risk,” and asked for a loss of 12 days’ pay.

“Each shot had the potential to ricochet and kill or injure the suspect, fellow officers, members of the public, or Constable Baiati. himself,” read a summary of the prosecution’s arguments in Hegedus’ decision.

Baiati’s lawyer, Peter Thorning, said the officer was a valuable officer who had served in the military, spoke four languages and had received numerous accolades and commendations, including for disarming a threatening man who was armed with a knife.

In his submissions, Thorning argued a reprimand, the lowest form of punishment under the Police Services Act, was sufficient. Baiati had “no doubt violated a policy,” but it was an “instinctual” act performed in a “quickly unfolding, dynamic situation.”

Thorning characterized the incident as a conscious decision to disable the car and eliminate the threat, and added that Baiati was acting out of self-preservation and to protect the public.

Since the incident, Baiati has attended a one-day remedial training program. With files from Azzura Lalani Wendy Gillis can be reached at wgillis@thestar.ca.