LIVE: Const. James Forcillo sentenced to 6 years in Sammy Yatim shooting
Death of Sammy Yatim - Wikipedia, the free encyclopedia
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.
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