Peabody man shot by police critical

PEABODY – The arraignment of a Peabody man shot by a police officer has been postponed because he remains in critical condition at the Salem Hospital Intensive Care Unit, hospital and law enforcement officials said.Phillip Noto Sr., 55, of 60 Washington St., was shot once in the abdomen Monday after he pulled a device – believed to be a gun – on two police officers responding to a domestic violence call at his home.An arraignment scheduled at Noto’s hospital bed Tuesday was delayed due to his medical condition.Police Chief Robert Champagne said two patrolmen and a sergeant responded to the domestic violence call per department protocol, which calls for a supervisor present, shortly after noon Monday, before an officer fired one shot inside the home.The name of the officer who fired has not been released.Noto was arrested Sunday night for threatening to kill his 55-year-old wife Ellen Noto, according to a police report.Police responded to their home around 6 p.m. Sunday for a dispute, in which the couple allegedly argued about their 27-year-old son Phillip Jr., his girlfriend and their infant child living with them under one roof.Ellen allegedly told police that her husband had shoved her. While being interviewed, Phillip Noto Sr. allegedly told police he “made the mistake” of threatening to shoot his wife in 2001.The husband agreed to leave the home for the night, police said. However, he called his wife within minutes and allegedly told her, “I’m going to come there and kill you in your sleep,” according to a police report obtained in Peabody District Court.Ellen said that in the recent past her husband held a sword to her throat and that he was taking a lot of psychiatric medication, according to police.On Sunday night, Ellen filed for an emergency restraining order, which was granted by Judge Howard Whitehead. Phillip Noto was arrested Sunday night after calling his wife and arraigned Monday morning for threatening to commit a crime. Judge James O’Leary ordered $750 bail.After posting bail, Noto violated the restraining order by returning to his wife’s home, police said. There, she called 911.When police arrived, Noto pulled out an object that appeared to be a handgun and then an officer fired his department-issued service weapon.Champagne said the weapon might be a starter pistol, which is used at track meets.State and Peabody police continue to investigate the shooting while the officer remains on paid leave, he said.The chief said the shooting appears to be justified but will wait until an investigation is completed to make a final determination.”I can tell you that, frankly, if in fact a handgun was pointed at someone, then they would have taken appropriate action,” he said, adding that it has been at least 20 years since a Peabody officer fired at a suspect.