Sentence shows police not above the law

Sir Robert Peel, the founder of modern policing, first set down in words the relationship between the public and police that must exist for policing to be effective.

As he wrote almost two centuries ago: “The ability of the police to perform their duties is dependent upon public approval of police existence, actions, behaviour and the ability of the police to secure and maintain public respect.”

To maintain that respect, the public must perceive the police are not above the law.

In that context, the six-year prison sentence handed down Thursday by Ontario Superior Court Justice Edward Then to Toronto Police Const. James Forcillo for the 2013 fatal shooting of 18-year-old Sammy Yatim, was appropriate and just.

The jury determined Forcillo was justified in shooting Yatim — who was high on Ecstasy and had been threatening fellow streetcar passengers with a knife, while exposing himself — when he first encountered the teenager.

This after Yatim ignored his repeated commands to drop the weapon in the now empty streetcar.

Forcillo testified he fired at that point because he believed Yatim was about to attack him.

The jury accepted this evidence and acquitted Forcillo of second-degree murder for the first volley of three shots he fired at Yatim, including the fatal one.

But they convicted him of attempted murder for, after a pause, pumping six more bullets into Yatim’s body after he was already down, no longer posing a threat.

Then’s sentence was less than the eight to 10 years the Crown requested but more than the house arrest proposed by the defence.

Then said Forcillo ignored his police training by failing to recognize that Yatim no longer posed an imminent threat, as opposed to a potential one, after the first three shots.

He rejected Forcillo’s defence he fired the second volley because he mistakenly believed Yatim was trying to get up.

Forcillo’s lawyers are now asking the court to allow him to remain free while they appeal his case, arguing among other things that the five-year mandatory minimum included in Then’s six-year sentence, wasn’t intended to apply to police officers using guns in the performance of their duties.

Then rejected that argument, saying the law applies to everyone. We agree.