Thursday, July 21, 2016

Toronto Cop Forcillo sentenced to 6 years for Sammy Yatim killing

Toronto Const. James Forcillo was sentenced to 6 years in the Sammy Yatim shooting. 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 the judge found no evidence of malice in Forcillo’s actions, he called the shooting “an egregious breach of trust” by the police officer. The judge called Forcillo’s actions “unreasonable, unnecessary and excessive”
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The sentencing hearing of a Toronto police officer found guilty of attempted murder in the death of a teen on an empty streetcar returns to court today. Forcillo has filed a constitutional challenge to the mandatory minimum sentence of four or five years that he faces after being found guilty in the shooting death of 18-year-old Sammy Yatim in July 2013.

Forcillo was acquitted in January of second-degree murder in Yatim's death, but a jury found the officer guilty of attempted murder for continuing to fire after the dying teen had fallen to the floor.
Forcillo's lawyers are arguing that certain sections of the Criminal Code involving the mandatory minimum sentence for attempted murder are unconstitutional and weren't meant to deal with cases like Forcillo's.

The defence proposes Const. James Forcillo spend two years on house arrest for the attempted murder of Sammy Yatim, while the Crown is seeking a prison sentence of eight to 10 years.
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Toronto police Const. James Forcillo “lost (his) cool” when he fatally shot 18-year-old Sammy Yatim on a deserted streetcar because the teenager was mocking him, Crown attorney Milan Rupic suggested Monday at Forcillo’s murder trial.

Testifying in his own defence for a third day, Forcillo maintained that he was calm and that Yatim was not making fun of him, but threatening him by brandishing a switchblade in the early hours of July 27, 2013.
Forcillo said he did not see Yatim raise his arms in what Rupic called a “mock surrender” as police approached — which can be seen on TTC surveillance footage — and did not see Yatim smoking a cigarette.
Rupic said Forcillo didn’t want to acknowledge Yatim was not angry or aggressive that night.