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Supreme Court won't hear James Forcillo's appeal in Sammy Yatim shooting

Charlemagne

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Supreme Court won't hear James Forcillo's appeal in Sammy Yatim shooting

Police constable was convicted of attempted murder in Toronto streetcar shooting

Andrea Janus · CBC News · Posted: Dec 06, 2018 6:12 AM ET | Last Updated: 10 hours ago

The Supreme Court of Canada won't hear the appeal of a Toronto police officer convicted of attempted murder in the shooting death of teenager Sammy Yatim aboard a streetcar five years ago.

In a decision issued Thursday morning, the country's top court denied Const. James Forcillo leave to appeal both his conviction and his sentence.

In an unusual verdict, a jury acquitted Forcillo in 2016 of second-degree murder but convicted him of attempted murder in connection with Yatim's death aboard the Dundas streetcar on the night of July 27, 2013. Forcillo was sentenced to six years in jail — one year above the mandatory minimum for attempted murder.

The attempted murder conviction was connected to a second volley of shots Forcillo fired after Yatim was on the floor of the streetcar and dying.

Forcillo's lawyers were hoping to argue to the top court that the first and second volleys of shots should not have been divided into separate events. They were also hoping to appeal Forcillo's sentence.

One of Forcillo's three lawyers, Michael Lacy, was in court Thursday but issued a brief statement over Twitter.

"Mr. Forcillo exercised his right to ask the [Supreme Court] to grant him leave to appeal. The Court declined to do so this morning. We respect that decision," Lacy tweeted.

"This ends the legal proceedings and Mr. Forcillo will now continue to serve out his sentence."

Forcillo only officer to fire weapon

Forcillo was one of the first officers to respond to a call about a young man exposing himself on the streetcar while brandishing a knife. Only Yatim was left on the streetcar by the time police had arrived.

Forcillo fired an initial three shots, which caused Yatim to fall to the floor of the streetcar, then fired six more shots.

The Crown separated the two volleys into two separate charges: the second-degree murder charge was related to the first volley of shots, and the attempted murder charge was for the second.

Forcillo was convicted for the latter.

​In April, the Ontario Court of Appeal dismissed Forcillo's appeal of both his conviction and his sentence.

Earlier this year, Forcillo had six months added to his sentence after pleading guilty to perjury. He was out on bail pending his appeal in November 2017 when police learned he was living at the home of his fiancée and not with his ex-wife, as he was supposed to. He was charged with breaching bail, perjury and attempting to obstruct justice. When he pleaded guilty to perjury, the other charges were dropped.

Yatim's shooting death was caught on video, which circulated widely and sparked a national discussion about use of force by police. In 2016, Ontario ombudsman Paul Dubé issued a scathing review of police training in Ontario after examining 19 fatal police shootings during the period between Yatim's death and the release of his report.

Dube called for officers to get better training in de-escalation techniques, saying they need more instruction in how to use their mouths, not their guns. When he released his report, Dube noted there were already more than 100 coroner's jury recommendations calling for improved police training in the province, in addition to some 84 recommendations issued by former Supreme Court justice Frank Iacobucci that included the creation of a police and mental-health oversight body, and a requirement that new constables complete a mental health first-aid course.

With files from The Canadian Press and Amara McLaughlin

https://www.cbc.ca/news/canada/toronto/supreme-court-won-t-hear-james-forcillo-s-appeal-in-sammy-yatim-shooting-1.4934600
 

Mr Deeds

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Good I hope that pos rots in jail
 

GameBoy27

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This just made my day. Enjoy your time in jail douchebag!

 

icespot

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And now do you think any officer will risk his job or freedom by using his weapon?

Better hope is not any of you or a loved one, who is in danger. The cops wont do shit, since they cant be convicted for not using force. All they have to say is I did not believe lethal force was necesary, since he appear to be suffering from a mental illness or drug induce behaviour.
 

surferboy

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You got rocks in your head? You have watched the video right...just replay it & think of your son, nephew, younger brother on the bus acting stupid but hurting anyone do you A: say Sammy if come running out with the knife I'm going to shoot you, B: Wait a few minutes to someone shows up with a taser & put him down that way or C: For no good reason start shooting & when he hits the ground fill him with some more lead...just in case he might have a pulse


I know it's a tough one to figure out so I'll let you think about it :doh:
 

icespot

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You got rocks in your head? You have watched the video right...just replay it & think of your son, nephew, younger brother on the bus acting stupid but hurting anyone do you A: say Sammy if come running out with the knife I'm going to shoot you, B: Wait a few minutes to someone shows up with a taser & put him down that way or C: For no good reason start shooting & when he hits the ground fill him with some more lead...just in case he might have a pulse


I know it's a tough one to figure out so I'll let you think about it :doh:
I felt just like you until I saw the video, then I realized he was inocent, don't concentrate on him, watch the officer around him, up to the point of using the tazer. Also remember that at the time police west were not able to stop a knife. He followed his training....

 

Charlemagne

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I felt just like you until I saw the video, then I realized he was inocent, don't concentrate on him, watch the officer around him, up to the point of using the tazer. Also remember that at the time police west were not able to stop a knife. He followed his training....

You've never in a fight involving weapons, have you?
The way he was holding the knife was no threat to the officers.

Also he kept shooting while he was already dead, that's why he was convicted.
 
Feb 15, 2003
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I am glad that the Supreme Court refused to hear this appeal. Had I been on the jury for the original trial I would have done my best to be an anti Henry Fonda and held out for a conviction on the 2nd degree murder charge as well. Forcillo should never be allowed again to be in a position where he has the power to kill another human. Not only did he not follow his training, he escalated a non-lethal situation without justification.
 

black booty lover

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And now do you think any officer will risk his job or freedom by using his weapon?

Better hope is not any of you or a loved one, who is in danger. The cops wont do shit, since they cant be convicted for not using force. All they have to say is I did not believe lethal force was necesary, since he appear to be suffering from a mental illness or drug induce behaviour.
Not sure what your confused about here. He wasn't convicted because of the initial use of force. He was convicted because the kid had been clearly hit during the first volley of shots, and was no long a threat (most people don't even thing the first volley of shots was justified) and this pretty much unloaded the rest of his clip on him. It was excessive force, and if you think otherwise, thank Christ your not in charge of police training.
 

icespot

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Not sure what your confused about here. He wasn't convicted because of the initial use of force. He was convicted because the kid had been clearly hit during the first volley of shots, and was no long a threat (most people don't even thing the first volley of shots was justified) and this pretty much unloaded the rest of his clip on him. It was excessive force, and if you think otherwise, thank Christ your not in charge of police training.
Really, have a look at video from minute 7 on. Also, Chief have you notice how violent our society is becoming? How many shootings and violent acts are being committed today and you want to shit on cops. Well good luck if you think any cop is going to jail and put up with all that shit.

Also, in real life 9mm bullets don't work like the movies, where the person goes back and falls when hit.

 

black booty lover

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Really, have a look at video from minute 7 on. Also, Chief have you notice how violent our society is becoming? How many shootings and violent acts are being committed today and you want to shit on cops. Well good luck if you think any cop is going to jail and put up with all that shit.

Also, in real life 9mm bullets don't work like the movies, where the person goes back and falls when hit.



I've seen the video a number a times, I don't need to watch it again to see Forcillo unload the rest of his clip on a kid that was no longer a threat and dying on the streetcar. 12 other people thankfully saw the same thing I did and made this man responsible for his actions.


So because crime is up, it's okay for cops not to do their job properly or get away with murder? You have an interesting train of thought.
 

basketcase

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And now do you think any officer will risk his job or freedom by using his weapon?...
If you looked at the actual decision, it was not the fact that he shot the guy that was the problem. He was convicted because after he fired a few shots and the guy was down, he paused then fired a bunch more shots at him.
 

glamphotographer

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I hate to say it (police are mostly good people, except Mexican police) but let him rot in prison.
 

black booty lover

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If you looked at the actual decision, it was not the fact that he shot the guy that was the problem. He was convicted because after he fired a few shots and the guy was down, he paused then fired a bunch more shots at him.
I already tired explaining that to him, and he thinks because he's a cop, he's entitled to do whatever the fuck he wants with his weapon.
 

Kawailuvr

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James Furcillo got what he deserved period end of story .
Yes we live in a violent society but,, that doesn’t mean the cops can kill people cause they are called
To a violent call ? They signed up for this shit didn’t they . I ,wan they make a killer living amazing pension
And all kinds of perks . You seek out the job than do the job . Don’t use the danger of the job as an excuse
To behave like the violent assholes he is supposed to protect us from I mean wtf really guys ?
 

Smallcock

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