Canadian Police Officer sentenced to 6 years for attempted murder

[Tyrianth]

TL;DR: Const. James Forcillo was sentence to 6 years in prison for attempted murder of Sammy Yatim, though he was acquitted of second degree murder by a jury.

Forcillo shot Yatim 3 times, paused for 5 seconds then continues to fire another 6. The first 3 rounds, which an autopsy relieved is what killed him, were acquitted of second degree murder. The remaining 6, after the pause, is what he was prosecuted for.

Judge says Toronto police officer committed “an egregious breach of trust” when he shot the fatally wounded teenager with a second volley of bullets as he lay dying.

Lawyers for Const. James Forcillo will seek bail for their client in a Toronto court this afternoon after the police officer was sentenced to six years in prison for shooting 18-year-old Sammy Yatim on a streetcar in July 2013.

Forcillo was handcuffed by a court officer, ordered to give a DNA sample and then taken into custody after Justice Edward Then delivered the sentence in a Toronto courtroom this morning.

The judge called Forcillo’s actions “unreasonable, unnecessary and excessive” when he fired a second volley of shots at Yatim after fatally injuring him seconds earlier as Yatim stood alone in a Dundas streetcar.

He also concluded Forcillo misused his firearm, and failed to follow his training by finding alternatives to use of force.

A jury convicted Forcillo of attempted murder for firing the second set of shots, but acquitted him of second-degree murder for the first volley, which an autopsy concluded actually caused Yatim’s death.

While Then said there was no evidence of malice in Forcillo’s actions, he called the shooting “an egregious breach of trust” by the police officer.

Then noted that Forcillo hasn’t expressed any remorse for the shooting. While he said that wasn’t considered an aggravating factor in his sentencing decision, he also said there was no leniency as a result.

Outside the court, Yatim’s parents praised the judge but said they felt no joy or relief.

“I’m always angry,” said his mother, Sahar Bahadi. “Since I lost my son, I’m always angry. I have screams inside myself.”

Forcillo faced a mandatory minimum sentence of five years for attempted murder with a restricted firearm, and Then began his decision by rejecting an argument that such a sentence would violate Forcillo’s constitutional rights.

The defence had argued the minimum sentence requirement was unconstitutional since Forcillo was acting in “excessive self-defence” while carrying out his duties as a police officer. They said the mandatory minimum sentence should be overturned so Forcillo could serve a two-year sentence on house arrest.

The Crown had asked for a sentence of eight to 10 years, arguing that Forcillo failed in his duty of care to Yatim by not using the de-escalation techniques he was trained in.

Forcillo and his partner were the first officers to arrive at the streetcar after police received a call about a young man with a knife on a streetcar.

At the end of a minute-long standoff that lasted less than a minute and captured on security and bystander videos, Forcillo shot Yatim three times, paused for five seconds, then shot him again six times.

The first set of shots struck Yatim in his spine, paralyzing him, in his arm and, fatally, in his heart. Of the second volley, five out of six shots struck Yatim’s lower body as he lay dying on the floor of the streetcar.

After a four-month trial that ended in January, a jury acquitted Forcillo of second-degree murder, finding the first round of shots was justifiable or in self-defence. However, they found him guilty of attempted murder for the second round of shots – a set of verdicts described by many as a “compromise.”

Forcillo has already filed a notice of appeal for his conviction. The appeal argues that the jury should not have been allowed to consider the murder charge and attempted murder as separate offences because both charges stem from one continuous act, and as result the verdicts are inconsistent.

The appeal also argued that Then erred by refusing to allow the defence to present certain pieces of evidence to the jury, including testimony on “suicide-by-cop.”

Yatim’s father said outside the court that he hopes police learn more about how to de-escalate situations like the one in which his son died.

“It’s not about vengeance,” Nabil Yatim said, adding he hopes his son will be remembered as a “kind, nice, beautiful and talented young man”

Both parents both spoke well of the judge, and Nabil Yatim said he still thinks well of most police.

“I think the majority of them are superb, nice people but you always have a bad apple or two,” he said.

The Yatim family’s lawyer said today was not the time to talk about a possible lawsuit against police, but added that police must learn more about defusing tense situations with disturbed people without using bullets.

“You have people who are not well and they're shot like dogs in the street,” Julian Falconer said.

Yatim’s parents both said it bothered them that they received no apology from Forcillo.

“What he did was wrong and he should have admitted,” Nabil Yatim said.

They also both said the pain of their son’s death won’t go away.

Forcillo’s lawyer, Peter Brauti, said his client was held in protective custody, away from other prisoners, after he was led from court.

Toronto Police Association president Mike McCormack said it was a tragedy for the Forcillo and Yatim families, as well as the police and community.

“The sentence will be reviewed,” Brauti said.

Asked the mood of his client, Brauti said; “I think he had a stoic looking attitude.”

Toronto police Chief Mark Saunders released a statement saying Forcillo had been suspended without pay after his court appearance on Thursday.

Saunders said he could not comment on the decision as it is under appeal.

“The last three years have been difficult for everyone involved, including the families of Sammy Yatim and James Forcillo,” Saunders said. “The Toronto Police Service will continue to protect and support the public, and each other, and I am certain members will continue to do their jobs professionally and with respect.”

https://www.thestar.com/news/crime/2...-sentence.html

Good, hopefully this sets a precedent for future cops who decide to abuse their power. It won't, but I hope it does.

[Medusa Cascade]

Tut tut @Tennisace

[Tyrianth]

Tut tut @Tennisace

Why are you tut'ing Tennisace in my thread.

[Tennis]

Great to see justice from our Judiciary.

Compared to what's going on in other countries, it makes me really pleased to be a Canadian.

[Deleted]

...it makes me really pleased to be a Canadian.

Me too. You enjoy yourself up there.

I hope you are not eaten by any bears.

[Tyrianth]

Me too. You enjoy yourself up there.

I hope you are not eaten by any bears.

It's the moose we have to fear. The moose.

[Medusa Cascade]

Great to see justice from our Judiciary.

Compared to what's going on in other countries, it makes me really pleased to be a Canadian.

Canadian police need to be better trained to stop this from happening again

[Darkeon]

Great to see justice from our Judiciary.

Compared to what's going on in other countries, it makes me really pleased to be a Canadian.

That was a good save, I'll give you that one.

[Jotaux]

Me too. You enjoy yourself up there.

I hope you are not eaten by any bears.

We box with bears

https://www.theguardian.com/world/20...-punch-sudbury

[Deleted]

6 years lololol

[Independent voter]

I used to think highly of Canada.

[Tyrianth]

6 years lololol

It's above the minimum sentence for a first offence attempted murder charge.

[TwoNineMarine]

It's the moose we have to fear. The moose.

My brother hit one in Alaska. Screw that noise lol

And did the knife wielding guy try and attack this cop?

[Tennis]

6 years lololol

Much better than other countries where they go free. That won't be tolerated in Canada.

[Tyrianth]

My brother hit one in Alaska. Screw that noise lol

And did the knife wielding guy try and attack this cop?

A moose will fuck your shit up then just walk off as if nothing happened...

Not sure, I didn't hear about the case at the time. I will assume yes since the jury acquitted him of second degree murder, and must've felt his first 3 shots were justified.

- - - Updated - - -

My brother hit one in Alaska. Screw that noise lol

And did the knife wielding guy try and attack this cop?

From wikipedia:

Police arrived at the scene. At the front of the vehicle, Constable James Forcillo of the Toronto Police Service called for a Taser, believing the situation "could be contained".[11] According to videos of the incident, police asked Yatim to drop the knife and warned him not to "take one step in this direction". After Yatim took a step forward, Forcillo fired nine shots; an initial salvo of three followed by an additional six several seconds later. Approximately 30 seconds later, Forcillo's Sergeant, Dan Pravica Tasered Yatim.[11][14][15]

After reading that I completely agree with the not-guilty verdict of the first 3 shots, and the guilty verdict of the next 6.

[TwoNineMarine]

A moose will fuck your shit up then just walk off as if nothing happened...

Not sure, I didn't hear about the case at the time. I will assume yes since the jury acquitted him of second degree murder, and must've felt his first 3 shots were justified.

Yeah the moose ran off after it totaled his truck and sent him and his friend to the hospital.

[Deleted]

Much better than other countries where they go free. That won't be tolerated in Canada.

still laughing to the 6 years

[TwoNineMarine]

Ah ok. Not gonna lie that sounds like suicide by cop.

They should have tasered first though. But if they didn't have the taser on them that's obviously tough if he had to call for one.

[Cayse]

A moose will fuck your shit up then just walk off as if nothing happened...

Not sure, I didn't hear about the case at the time. I will assume yes since the jury acquitted him of second degree murder, and must've felt his first 3 shots were justified.

That's correct. His first three shots were ruled as justified (I think that was ruled on some time last year), it was the pause and shooting a downed person again that he was convicted of, which is why it was "attempted" murder.

It's been a weird case that's gone on for a long time.

Also the moose part.

Ah ok. Not gonna lie that sounds like suicide by cop.

They should have tasered first though. But if they didn't have the taser on them that's obviously tough if he had to call for one.

In Canada when police use tasers everyone loses their shit anyway, because a number of years back someone was tasered to death here.

[Jotaux]

Tough call here, I don't think the officer needed to fire 9 shots into the kid but theres no doubt that kid was going to die once he came at them with a knife.

And I know when I am watching a slasher flick I'm always yelling at the screen for the main character to make sure the killer is dead.