Canada Officer convicted of shooting Sammy Yatim wants Supreme Court to hear his case

18:32  10 july  2018
18:32  10 july  2018 Source:   cbc.ca

Forcillo seeks to appeal case to Supreme Court

  Forcillo seeks to appeal case to Supreme Court TORONTO - A Toronto police officer convicted of attempted murder in the shooting death of a troubled teen on an empty streetcar is seeking leave to bring his case before Canada's top court. Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife, in an incident that ignited public outrage after a bystander's video came to light. In 2016, a jury acquitted Forcillo of the more serious charge of second-degree murder related to the first volley of shots — which killed the teen — but found him guilty of attempted murder related to the second hail of bullets, fired seconds later while Yatim was lying on hi

The death of Sammy Yatim occurred early in the morning of July 27, 2013, in Toronto, Ontario, Canada. Yatim , an 18-year-old Toronto male armed with a pocketknife, was shot at nine times, and was hit by eight of the shots fired by 30-year-old Toronto Police Service (TPS) officer James Forcillo.

The Toronto police officer convicted in the on-duty fatal shooting of Sammy Yatim is seeking leave to appeal to Canada’s highest court . Const. James Forcillo is currently serving a six-year sentence for the attempted murder of Yatim , the

a man wearing a suit and tie: Const. James Forcillo wants the Supreme Court of Canada to hear an appeal of his conviction of attempted murder in the shooting death of Sammy Yatim. © Nathan Denette/Canadian Press Const. James Forcillo wants the Supreme Court of Canada to hear an appeal of his conviction of attempted murder in the shooting death of Sammy Yatim.

Const. James Forcillo is asking the Supreme Court of Canada to allow him to appeal his attempted murder conviction in the shooting death of Sammy Yatim five years ago.

Forcillo's lawyers, Michael Lacy, Joseph Wilkinson and Bryan Badali, filed the application seeking an appeal on June 26.

In an unusual verdict, a jury acquitted Forcillo of second-degree murder but convicted him of attempted murder in connection with Yatim's death aboard a 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.

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The Ontario Court of Appeal has now heard two opposing views of how the fatal shooting of Sammy Yatim played out on a Toronto streetcar four years ago. James Forcillo, left, was convicted of attempted murder in the death of Sammy Yatim , right, on a Toronto streetcar in 2013.

TORONTO — A Toronto police officer convicted in the fatal shooting of a troubled teen on an empty streetcar has had six months added to his prison sentence after pleading guilty to perjury, his lawyers said Thursday. Const. James Forcillo fired two separate volleys at Sammy Yatim as the

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 arrived in the early morning hours of a warm night.

Forcillo was the only officer to fire his weapon. He fired an initial three shots, which caused Yatim to fall to the floor of the streetcar, then fired a second volley of six more shots.

The shooting was caught on video, which circulated widely and sparked a national discussion about use of force by police.

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.

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Bill Yatim said in a statement that he was "relieved" Forcillo has been convicted and that there are "no words to describe In Sammy Yatim 's final moments, court heard the teen asked the streetcar driver for a phone so he could speak with his father. Sammy Yatim shooting : 4 things you need to know.

James Forcillo had his appeal in the Sammy Yatim case denied. (Nathan Denette/Canadian Press). An Ontario court has dismissed Toronto police Const. James Forcillo's appeal of his attempted murder conviction in the shooting death of 18-year-old Sammy Yatim .

Forcillo was convicted for the latter.

Appeal previously denied

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

In the new appeal to the country's top court, Forcillo's lawyers question whether the Crown proved beyond a reasonable doubt that the two sets of shots were separate incidents. The lawyers are also questioning the constitutionality of the mandatory minimum sentence for attempted murder with a firearm.

"While the circumstances may be unique, the Applicant's conviction raises fundamental questions about the necessary elements the Crown must prove in order to convict an accused of an attempt to commit an offence where there is no issue that the offence has been completed," the lawyers write.

In May, Forcillo had six months added to his sentence after he pleaded guilty to perjury for lying under oath when he applied for a bail variation that would have changed his primary address.

Manitoba judge says fatal police shooting of machete-wielding man was justified .
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