ONTARIO'S TOP COURT UPHOLDS CONST. FORCILLO'S CONVICTION IN YATIM SHOOTING
Apr 30, 2018
By Bob Komsic
The Ontario Court of Appeal has dismissed the case of Toronto Const. James Forcillo, who was convicted of attempted murder in the fatal 2013 shooting of teenager Sammy Yatim aboard an empty streetcar.
(The Canadian Press/Facebook)
At his trial, the officer was convicted of attempted murder related to the second volley of shots but was acquitted of second-degree murder related to the first volley.
In upholding the attempted murder conviction and six-year prison sentence, the province’s highest court found the second volley was ”clearly unnecessary and excessive.”
Forcillo had asked the court substitute a not-guilty verdict or order a new trial, arguing the judge improperly excluded evidence on Yatim’s state of mind and wrongly instructed the jury to consider the two volleys of gunfire as separate incidents.
He’ll now have to decide if he’ll appeal to the Supreme Court of Canada.
Meanwhile, once the appeals process is over, an internal police disciplinary hearing will be called, which could see Forcillo fired from the service.