Toronto cop’s conviction, sentence in 2013 streetcar shooting upheld
TORONTO — Ontario’s top court has dismissed the appeal of a Toronto police officer convicted of attempted murder in the fatal shooting of a troubled teen on an empty streetcar, ruling Monday that Const. James Forcillo took “unnecessary and excessive” action during the encounter.
Forcillo fired two volleys at Sammy Yatim as the 18-year-old was standing alone holding a small knife on a summer night in 2013. The incident sparked public outrage after a bystander’s video of what happened was made public.
In 2016, a jury acquitted Forcillo of the more serious charge of second-degree murder related to the first round of shots — which, the court heard, killed the teen — but the officer was convicted of attempted murder related to the second volley, which was fired while Yatim was lying on his back.
“It is clear that the second volley was clearly unnecessary and excessive,” Ontario’s Court of Appeal wrote in its unanimous decision.
Forcillo did not say anything to Yatim before the second round of shots. He knew from police training that the teen did not pose an imminent treat to anyone as he tried to hold onto his knife, the appeal court said.
“[Forcillo] knew that he was not entitled to kill Mr. Yatim in these circumstances, yet he proceeded to fire six additional rounds fixed with that lethal intent,” the court’s decision said.
Another police officer standing beside Forcillo had his own weapon drawn but did not fire it, the ruling noted.
Forcillo had asked the appeal court to substitute a not-guilty verdict or order a new trial in his case. He also appealed his sixyear prison sentence, which is a year more than the mandatory minimum.
In dismissing Forcillo’s sentence appeal, the ruling found that “apart from his previous good character and lack of criminal record, there was little else by way of mitigation, not even an expression of remorse.”
Forcillo’s lawyers said the dismissal of the appeal marked a “very difficult day” for their client.
“The appeal raised important and difficult legal questions,” Michael Lacy and Bryan Badali said in a statement.
“We will carefully review the court’s decision and in consultation with our client, will make a decision as to whether or not we will seek leave to appeal the decision to the Supreme Court of Canada.”
Yatim’s parents, Nabil Yatim and Sahar Bahadi, were relieved by the decision, their lawyer told reporters Monday afternoon.
“I guess you never know with court, but they were hopeful that this would be the outcome,” said Edwin Upeniek, adding that the lengthy legal process has been stressful for the family.