Family reacts to justifiable homicide ruling in Monongahela man’s death

The Washington County district attorney said the case is closed in July’s officer-involved shooting of Cody Bennett, but the family still has a lot of questions — especially since the first time they heard these new details was at the same time the public heard them.

“Unfortunately, it was a huge incident that cost him his life, and now it’s forever left us with a hole in our hearts that will never in a million years be filled. But he didn’t deserve to die,” said Marci Doty-Fitterer, Bennett’s mother.

Doty-Fitterer can barely speak when it comes to her son.

“Pain doesn’t describe it, despair doesn’t describe it, shattered, destroyed, hopeless is it,” Doty-Fitterer said.

Bennett was shot and killed by a Monongahela police officer July 24. Police said Bennett was at a neighbor’s party when he left and got a gun. Over about an hour, he fired off seven shots in the air, in the neighbor’s home and at the officer’s vehicle.

During a news conference Friday, the district attorney said witnesses told police Bennett returned to the party and told the people there to go in the house because he did not want to kill them. He later tried kicking the door of the house down and fired two shots through it.

Officers who arrived at the scene said they commanded Bennett several times to not pick up an object at his feet, which they later discovered was a handgun. Bennett allegedly fired two shots at the officers and fled.

Authorities say that at one point Bennett, pointed a gun at a woman in her front yard. Officers told him to lower his weapon multiple times but shot him after he did not.

“The officer sees it’s a pistol with a silver slide, he racks, it ejects a shell casing as the officer is commanding him to drop the weapon three times. He points it at the officers and fires two rounds,” said Jason Walsh, Washington County district attorney.

Walsh announced Friday the investigation is complete and the officer will not be charged, an announcement that was a surprise to Bennett’s family.

“We can’t get details, we can’t get information about anything‚” said Ariana Bennett, Cody Bennett’s sister. “We are left in the dark to pick up the pieces.”

This family isn’t condoning Bennett’s actions, but they do wish something else was done.  For the first time, they heard that Bennett was unarmed when police first confronted him.

“I’m not disputing what Cody did — the gun the shots in the air. I’m disputing the end result,” Doty-Fitterer said.

With witness statements and video evidence, Walsh said the shooting was a justifiable homicide. The officer who shot Bennett is back on the job.

Moving forward, Bennett’s family said they know they can’t change anything, but hope Bennett is remembered for more than just his death.

“My brother was a big-hearted, loving person; he would give his shirt off his back and help anyone, and this moment doesn’t justify who my brother was at all,” Ariana Bennett said.

One thing the family and police agree on is that Bennett was under the influence of alcohol. His blood alcohol was 0.218 and his family believes that contributed to his actions that July night.

Previous coverage: Man fatally shot by police after officers respond to reports of shots fired, attempted homicide

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