Mockery was Yatim’s ‘greatest mistake’: Crown
Officer testifies he gave ‘loud, clear commands’ but wasn’t angry, despite obscenity
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.
He has pleaded not guilty to charges of second-degree murder and attempted murder.
The second day of Forcillo’s cross examination before a jury was a tense one, with Rupic at times raising his voice, accusing Forcillo of not trying other de-escalation options, aside from drawing his weapon, and of interrupting his partner, Const. Iris Fleckeisen, who Rupic suggested was attempting to verbally de-escalate the situation.
Forcillo remained calm for much of his testimony, repeatedly telling Rupic that he did not agree with his suggestions of what happened and that he did as he was trained to do.
He 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. Forcillo testified he was focused on Yatim’s right hand, which was holding the knife.
Rupic said Forcillo didn’t want to acknowledge the mock surrender or the cigarette because the acts would have shown that Yatim was not angry or aggressive that night.
What Yatim did do, Rupic said, was not take the situation very seriously and mock Forcillo and his fellow officers by shouting slurs at them.
“Of all the stupid things Sammy Yatim did, his greatest mistake that night was mocking you and thinking he could get away with it,” Rupic told Forcillo.
“You were the one who lost your cool, not Sammy Yatim,” Rupic said, to which Forcillo replied: “I completely disagree.”
The police officer was also adamant that he was not angry, even though he told Yatim at one point to “drop the f---ing knife.” Forcillo said the word slipped out and that he should not have used it. Rupic suggested to him that people shout “f---ing” when they’re mad.
There was a back-and-forth between Rupic and Forcillo over whether the officer tried to engage with Yatim verbally.
Rupic said police training would indicate that Forcillo would have had several de-escalation options at his disposal because there was no information that Yatim was an “active attacker,” meaning he hadn’t used his knife on anyone.
Forcillo said that he did use a deescalation option — he drew his weapon — and that he did speak to Yatim, trying to get him to drop his knife.
“You just barked commands,” Rupic shot back.
“I gave loud, clear commands,” as per his training, Forcillo replied, later adding that it was “obvious” Yatim didn’t want to talk.
Forcillo was also accused of interrupting his partner, Fleckeisen, who asked Yatim at one point: “Is there anyone else on” the streetcar? Yatim shouted back, “Everyone is a p---y,” and Forcillo then continued to shout for him to drop the knife, as can be heard on the surveillance footage.
Rupic suggested Fleckeisen, who has not testified at the trial, was calm and attempting verbal de-escalation, but that Forcillo ruined the moment with his shouting.
“What happened is that after you had interfered with her attempts at de-escalation, she turned the scene over to you,” Rupic said over Forcillo’s denials. “You blew off your partner who has more than 20 years of experience ... than you.”
Forcillo’s cross-examination continues Tuesday.