Police officer who shot Sammy Yatim to face additional charge of attempted murder

[Wendell]

While it might seem bizarre that someone could be charged with attempted murder in a case where the victim ended up dead, Mr. Yatim was shot a total of nine times, with the shots coming in two relatively distinct bursts, albeit within the terrible and compressed speed of such events. It’s possible prosecutors could argue that by firing the second burst, within split seconds, Const. Forcillo was trying to kill an already likely fatally injured young man.
http://news.nationalpost.com/2014/07/29/police-officer-to-face-additional-charge-of-attempted-murder-in-shooting-death-of-sammy-yatim/ (http://news.nationalpost.com/2014/07/29/police-officer-to-face-additional-charge-of-attempted-murder-in-shooting-death-of-sammy-yatim/)

[45dotACP]

Hmmm, highlights the misconceptions that fatal injuries are always fight ending injuries...

[Lon]

A prosecutor hedging his bets......nothing new. Happens all the time.

[Chuck Whitlock]

Nice to know that, as a Canadian cop, the government has your back. :(

[Alpha Sierra]

Who would want to risk not just his life but also his freedom policing a society like that?

[KevinB]

Who would want to risk not just his life but also his freedom policing a society like that?

Happens everywhere -- the town of Hearne TX last year where the crazed elderly women was shot, the Mayor fire the officer, even after the woman's nephew said she was a threat and was shooting at people.
http://www.theroot.com/articles/culture/2014/05/_93_year_old_grandmother_shot_dead_by_texas_police .html

[Coyotesfan97]

There's the old saying the thing people forget about riding for the brand is that it goes both ways.

[45dotACP]

Happens everywhere -- the town of Hearne TX last year where the crazed elderly women was shot, the Mayor fire the officer, even after the woman's nephew said she was a threat and was shooting at people.
http://www.theroot.com/articles/culture/2014/05/_93_year_old_grandmother_shot_dead_by_texas_police .html
Unbelievable. Shoot in the air? Seriously?

My faith in humanity is down just that much more.

I gotta hand it to you LE guys, I'd never be able to go into a situation where me getting shot by a senior citizen means I get to keep my job. Hope that officer finds a job that better appreciates him.

[KevinB]

Unbelievable. Shoot in the air? Seriously?

My faith in humanity is down just that much more.

I gotta hand it to you LE guys, I'd never be able to go into a situation where me getting shot by a senior citizen means I get to keep my job. Hope that officer finds a job that better appreciates him.

He should own the town by the end of the lawsuit -- a simple search on Hearne shows it's Mayor and council to be a pretty rife with nepotism and cronyism

[Lon]

I have a serious love/hate relationship with police unions. On the one hand, they can prevent crap like the Hearne officer getting fired. On the other, it's harder to get rid of the douche bags and bad apples when the union gets involved.

[Alpha Sierra]

I went to theroot.com and WTF did I just read?

[LittleLebowski]

I went to theroot.com and WTF did I just read?

There's stupid comments and stupid sites on the internet.

[Shellback]

Video of OIS.


http://youtu.be/lG6OTyjzAgg

[Maple Syrup Actual]

I'm not in law enforcement and as such I don't presume to tell people how stuff like this is supposed to go.

But in order to support the guy who made that shoot, I think I'd need some explanation.

Sent from my SGH-I317M using Tapatalk

[KevinB]

Deadly Weapon.
Ignores police verbal commands.

The second round of gunfire is odd, however due to the position of the cell phone video, we cannot see what actions the suspect is undertaking.

A second officer then enters and is heard using a Taser on the suspect, which leads to the belief the suspect was still non compliant and armed.

[Shellback]

But in order to support the guy who made that shoot, I think I'd need some explanation.

Dude was on a bus, whipped out his junk and a knife, threatened people. Officers intervene and told guy to drop knife, he refused. The initial volley was 3 shots... I read several news reports, taken with a grain of salt, stating dude dropped and was shot after he fell, hence the guy "not being a threat" thing.

Here's an alternate view taken from a security cam that shows dude drop. I don't know if it's after the initial 3 shots or the 2nd round. http://www.cbc.ca/player/News/Raw+Video/ID/2398837187/

[Wendell]

Previous bail conditions for Const. James Forcillo were set to expire on Sunday, a day before the officer is scheduled to appeal his conviction for the attempted murder of Sammy Yatim. But a bail extension document now states the appeal process will contain a "fresh evidence phase" and says Forcillo may remain free either until the day before that hearing or until April 2, 2018, whichever comes first. Forcillo was sentenced to six years behind bars, a year more than the mandatory minimum, for shooting Yatim multiple times in 2013. The officer is asking the appeal court to substitute a not-guilty verdict or order a new trial in his case. He is also seeking a declaration that the mandatory minimum sentence for attempted murder is unconstitutional, and wants to be granted a suspended sentence. Barring that, he wants his sentence reduced to the minimum five years.
http://thechronicleherald.ca/canada/1507685-police-officer-who-shot-sammy-yatim-gets-bail-extension (http://thechronicleherald.ca/canada/1507685-police-officer-who-shot-sammy-yatim-gets-bail-extension)

[Wendell]

According to documents filed in court Wednesday, the officer is accused of failing to comply with a number of the conditions of his bail on Tuesday. The alleged breaches are failing to: reside with his surety at his Vaughan address; notify Ontario’s police watchdog, the Special Investigations Unit (SIU), of any change in address; and remain in his residence at all times except under special circumstances, such as a medical emergency.
https://www.thestar.com/news/crime/2017/11/15/const-james-forcillo-arrested-for-allegedly-breaching-bail.html

Court documents filed in advance of a now-cancelled hearing at the Ontario Court of Appeal on Thursday detail a change in personal circumstances — a divorce, followed by a pending remarriage — that led to Const. James Forcillo’s arrest early Wednesday. A source with knowledge of the alleged breach says Forcillo was arrested after he was found at his fiancée’s home, counter to his bail conditions. Those conditions had included that he continue to live with his ex-wife, surety and mother of his two children, Irina Ratushnyak. When Forcillo and Ratushnyak divorced in July, Sara Balderrama and the officer got engaged. She is now renting an apartment on Bathurst St. and put Forcillo and his children on the tenancy agreement, “in the event that the court grants the variation to the bail he is seeking,” the affidavit states. Forcillo had been seeking to have Balderrama named as a surety, in addition to Ratushnyak and her parents. “Irina and I maintain a good relationship and continue to parent our children together. However, it has been very difficult to reside together since our separation, as we are unable to move on with our lives,” Forcillo wrote in his affidavit in support of the bail condition change. In her own affidavit, Ratushnyak, Forcillo’s ex-wife, states that she has also started a new relationship and supports having Forcillo move in with his new fiancée. She has a positive relationship with Balderrama, though she says in her affidavit, “we are not close.” According to court documents filed Wednesday, Forcillo’s alleged breaches are failing to: reside with his surety at his Vaughan address; notify Ontario’s police watchdog, the Special Investigations Unit (SIU), of any change in address; and remain in his residence at all times except under special circumstances, such as a medical emergency. Forcillo is currently in the midst of appealing his attempted murder conviction, as well as the six-year prison sentence handed down in connection to Yatim’s shooting death on a Toronto streetcar in July 2013.
https://www.thestar.com/news/crime/2017/11/16/const-james-forcillo-was-seeking-to-change-bail-conditions-before-his-arrest.html

[Wendell]

The Toronto police officer convicted of attempted murder in the shooting death of a teen on a TTC streetcar in 2013 now faces additional charges of perjury and attempting to obstruct justice. Const. James Forcillo, 34, was charged last month for breaching his bail conditions when he was found living with his fiancée, Sara Balderrama, though he was supposed to be under house arrest at a different location. It’s unclear what prompted the additional charges, announced Thursday, but a news release from Toronto police said “after receiving information from the Special Investigations Unit, Toronto Police Service Professional Standards began a separate investigation.” Forcillo has been in custody since Nov. 15. He will appear in court on Dec. 29.

<https://www.thestar.com/news/gta/2017/12/21/const-james-forcillo-facing-additional-charges.html>

[Mjolnir]

I don't hear of many LE prosecutions that e d up with jail time.

Where I live the DA and police unions seem to put a damper on all but the too obvious.

As a rule I despise unions - having worked the majority of my professional career in the auto industry.


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[JohnO]

Watching the video i found a disparity of displayed concern and actions by the various LEOs. A female cop appeared to nonchalantly pass the bus door hands on hips and even look away from the bus. Later other cops who ran up to the bus when the shooting started, some with guns drawn some looking like they just wanted to get a better look.

[Wendell]

James Forcillo, the former Toronto police officer who shot teenager Sammy Yatim to death on a TTC streetcar in 2013, has been granted full parole. Forcillo was convicted of attempted murder in 2016, and began serving months of prison time in November 2017 following a lengthy appeal process. His sentence was supposed to last six years, five months and 29 days, according to the Parole Board of Canada document outlining his parole. The parole board says there's a "low risk" Forcillo will commit another crime. "It is the Board's opinion that you will not present an undue risk to society if released and that your release will contribute to the protection of society by facilitating your reintegration into society as a law-abiding citizen," the document said. The former constable has, however, been barred from having any contact with Yatim's family.
https://www.cbc.ca/news/canada/toronto/james-forcillo-sammy-yatim-parole-1.5434443