Toronto police officer handcuffed after judge's decision, will be suspended without pay
Toronto police Const. James Forcillo has been sentenced to six years in prison for the attempted murder of Sammy Yatim, the 18-year-old shot dead aboard a streetcar in July 2013.
Ontario Superior Court Justice Edward Then opened the officer's sentencing hearing Thursday by saying he had "no choice" but to sentence Forcillo to at least the five-year minimum for attempted murder.
- James Forcillo guilty of attempted murder in streetcar shooting of Sammy YatimForcillo attempted murder verdict explained
Forcillo appeared stone-faced as the judge read his sentence. His wife, Irina, sat with her eyes closed as Forcillo was handcuffed and led away to a holding cell at the University Avenue courthouse.
The decision rejects Forcillo's constitutional challenge of the mandatory minimum five-year sentence. His lawyers had argued the minimum should not apply to a police officer on duty.
In January, a jury acquitted Forcillo of second-degree murder, but he was convicted of attempted murder for continuing to shoot at Yatim while the teenager was lying on the floor of an empty streetcar. Police were called after it was reported Yatim had exposed himself to women on the streetcar and drew a switchblade, which Forcillo repeatedly asked him to drop.
Forcillo fired two separate volleys — three shots and then six shots — at Yatim, who had consumed ecstasy before boarding the streetcar.
The acquittal was tied to the first volley of shots, but the conviction on attempted murder was linked to the second volley, fired while Yatim was on the ground. Thursday's sentencing decision means Justice Then effectively believes that Yatim was only a potential threat when the second volley of shots were fired, not an imminent threat.
Moral blameworthiness
The judge said all the shots in the second volley were "unreasonable, unnecessary and excessive," and contrary to Forcillo's police training.
He rejected the defence's arguments that Forcillo was justified in firing the second set of shots because the officer mistakenly believed Yatim was trying to get up. Then ruled that wasn't supported by evidence presented during Forcillo's trial.
Then said the sentence must match the crime, and that attempted murder is "one of the most serious offences known to law" and Forcillo has a "high level" of moral blameworthiness for firing the second volley.
Forcillo's defence team had asked the court for a sentence of house arrest. The Crown had asked for an eight- to 10-year prison sentence, which Then said was "not reasonable."
'Failed in his duty'
Justice Then said police officers must be held to a higher standard than members of the public and added that Forcillo should have used de-escalation or communication techniques to get Yatim to surrender his weapon. He said Forcillo "failed in his duty to Mr. Yatim" when he fired the second volley of shots.
Outside the court, Yatim's mother Sahar Bahadi thanked the judge for his "consideration in the sentence," and said the family will now focus on "putting the pieces back together."
"I miss my son dearly, but I'm pleased that today he received justice," she said. "Sammy will never be coming back to us, but I want him back."
Bahadi said she's angry Forcillo "didn't show any kind of remorse" for his crime.
Forcillo's lawyer Peter Brauti said the process of appealing the sentencing decision is already underway.
"We're disappointed that the legislation wasn't struck down and he received a sentence of six years. But the judge called it how he saw it. It's not how we saw the nature of the offence," he said.
Forcillo's lawyers will seek bail for him while the appeal process takes it course. He has also been suspended without pay.
http://www.cbc.ca/news/canada/toronto/james-forcillo-sentencing-1.3698183
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