Cop granted bail while he appeals
Judge says Forcillo poses no threat to public safety
A Toronto police officer sentenced to six years for gunning down a teen on an empty streetcar three years ago has been granted bail while he appeals the conviction.
The appeal judge, Justice Eileen Gillese, said in her decision that Const. James Forcillo poses no threat to public safety, as there’s no risk he would commit another offence.
Gillese noted that until Thursday, the Crown consented to bail being granted every time the issue arose, including after Forcillo, 33, was convicted of attempted murder in January in the death of 18-year-old Sammy Yatim.
A condition of Forcillo’s bail is he surrender himself Nov. 9. Gillese said that before that date, the Crown and defence lawyers should update the presiding judge on the status of the appeal. If the appeal isn’t ready to be heard, Gillese said the surrender date can be modified.
Gillese ruled that, despite the seriousness of Forcillo’s offence, “fully informed members of the community” will “objectively” understand that Forcillo’s release doesn’t go against the public interest.
At sentencing Thursday, Justice Edward Then said Forcillo abused his authority in a way that undermines public trust in law enforcement and the justice system.
Then said in letting loose a second volley of shots on Yatim in July 2013, Forcillo committed an “egregious breach of trust” and his sentence must serve as notice to other police officers.
Both sides were in appeal court shortly after the sentencing as the defence applied for bail pending appeal.
The defence argued that Forcillo should be granted bail because he wouldn’t be likely to reoffend given that the conditions under which he shot Yatim would not be repeated.