Man charged in Penticton Toyota arson awaits verdict

A Penticton man charged with arson in the fire that destroyed the Penticton Toyota dealership more than three years ago was on trial this week.

He is accused of threatening a key witness to the arson and of aggravated assault for allegedly kicking the man in the face with steel-toed boots, causing 13 facial fractures and requiring emergency reconstructive surgery.

Donald Richard Lorenzetto, 41, pleaded not guilty to one count of aggravated assault and one count of attempt to intimidate a witness at the beginning of his trial Tuesday.

The trial wrapped up with closing arguments Thursday by Crown Andrew Vandersluys and defence counsel Rory Neary.

Neary did not call any evidence at trial.

Justice E. McDonald said she needed time to review the evidence before rendering her verdict.

Lorenzetto was arrested in May 2023 in connection with the suspected arson fire that destroyed the Penticton Toyota dealership in the early morning hours of May 22, 2022.

Lorenzetto was arrested and charged with arson damaging property and mischief over $5,000.

Police say Lorenzetto was one of two suspects who were initially identified and arrested after the arson, which gutted much of the newly renovated dealership.

Lorenzetto’s arson trial is set to begin Dec. 1 at the Penticton courthouse.

The fire started in a waste bin that was up against a wall at the rear of the main dealership building on Skaha Lake Road, according to an investigator’s report submitted to the B.C. Office of the Fire Commissioner.

The cause of the fire is listed as “smoker’s material — lighter” in the report, which was obtained by The Herald through a freedom of information request.

The report estimated total property damage in excess of $6 million.

The key witness at this week’s trial was the man Lorenzetto is charged with assaulting by kicking him in the face.

The victim, who the Herald has chosen to identify only as J.W., said he was living on the streets and suffering from addiction issues when he ran into Lorenzetto outside a downtown liquor store on May 15, 2023, one week short of a full year after the arson.

J.W.  told the court he will be a material witness to the arson and Lorenzetto had repeatedly over several months threatened to injure him and members of his family if he testified against him.

He knew him well enough that he called him “Puppet”, which was Lorenzetto’s nickname on the street.

“He told me not to talk about it… he constantly threatened me and told me I would be harmed if I did,” he testified.

On the day of the assault, he was sitting down outside the liquor store rolling a joint of marijuana when Lorenzetto approached him, he said.

Lorenzetto proceeded to get high on methamphetamine, did a few push-ups, got up from the ground, walked towards him “and he proceeded to kick me in the face with his steel-toed boots,” he said.

He hadn’t said a single word to Lorenzetto to provoke the attack, he said.

After the physical attack, Lorenzetto “called me a rat and ran away,” he testified.

When asked by Vandersluys why he thought Lorenzetto would call him a rat, J.W.  testified he believed it to be in relation to the Toyota dealership arson case.

Because his face was drooping and he was in pain, he got a ride to Penticton Regional Hospital and an X-ray confirmed he had suffered 13 facial fractures and would need reconstructive surgery, he said.

With the help of his mother, surgery was arranged at Kelowna General Hospital and took place less than two weeks later.

The surgeon did “an awesome job” and he recovered well staying with his mother at her residence for about a month following the surgery, he testified.

The assault was completely unprovoked and caused immense pain, he said.

After the assault, he remained frightened for his personal safety as well as for family members.

“I care about them and just wanted to make sure they were safe,” he said.

Neary’s cross-examination of J.W.  focused almost entirely on his admitted longtime addiction to drugs.

J.W.  told the court he started experimenting with hard drugs late in his teenage years and has been battling addiction ever since.

He’s proud to have quit injecting drugs intravenously more than five months ago and has smoked marijuana casually since then without returning to hard drugs, he said.

A large reason he’s given up hard drugs is because “he wants to keep his head on straight” as he’s committed to protecting himself and family members during a difficult time, he said.

When Neary asked him if his prolonged use of hard drugs has affected him memory, J.W.  testified “I can usually keep it together… and I know what’s going on around me. I knew I had to get this this morning and go to court… I take full responsibility for my actions.”

He also testified he’s getting regular injections to control his cravings for hard drugs like Fentanyl and methamphetamine and taking other drugs to treat serious health issues.

He’s worked occasionally for his brother’s drywall company and collects a disability pension since being accepted into a local shelter several months ago. He also collected bottles when living on the streets to pay for food and other necessities.

When asked if he ever resorts to violence in his life, he testified “I try not to be violent unless someone confronts me, then I will protect myself. I try not to use violence to solve disputes.”

He admitted he’s going on trial next month for one count of uttering threats against a man who threatened him physically several months ago.

Dr. Brian Miller, an expert in reconstructive surgery testified he performed the surgery on J.W.  on May 25, 2023.

The patient would have suffered “permanent facial deformity” if he didn’t undergo reconstructive surgery, he said.

The surgery included using several plates and screws to bring several broken bones in his face back together again.

When asked if a kick to the face could cause this kind of injury, Dr. Miller testified it could.

RCMP Const. Corey Sutherland testified J.W.  was originally charged with arson, along with Lorenzetto, in relation to the Toyota dealership arson. All charges against J.W.  were dropped following a police investigation.

After learning that  J.W.  had been assaulted, he looked for video evidence on surveillance cameras in the area, but he couldn’t find any footage, he said.

“Dealing with this incident has been extremely stressful, and has put our staff, our customers and me and my dad (Larry Sr.) through hell,” said Toyota dealership general manager Larry Pidperyhora, in a 2023 email to The Herald.

— This article was originally published by the Penticton Herald