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Thread: Sammy Yatim (18) shot and killed by Toronto Police

  1. #226
    Senior Member marycontrary's Avatar
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    Quote Originally Posted by ImBatman! View Post
    I am not glad....I am not happy that it had to come down to cops against a person with a knife that would not drop said knife. NO ONE should have been put in this situation. All I know is that I shoot to kill, not just injure....
    You sound very confident in your ability to make split second judgments. I'm not too fond of witnessing people shoot one another.

    Couldn't they have shot him with rubber bullets? He was too far away from any of the officers to pose an immediate threat. Did the officer shoot him because he was a threat to the well being of others or was he shot because he didn't submit to authority?

    If the man was threatening his own life with the knife, would they have tried to save his life or simply shot him? We know little about the knife wielding man. He may have had mental illness and now we will never know.

  2. #227
    Senior Member animosity's Avatar
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    they should have just towed the bus to the impound like they did with that rapper. the kid would have had more time to decide to drop the knife and no one would have died.
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  3. #228
    Senior Member *crickets*'s Avatar
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    Quote Originally Posted by marycontrary View Post
    Couldn't they have shot him with rubber bullets? He was too far away from any of the officers to pose an immediate threat. Did the officer shoot him because he was a threat to the well being of others or was he shot because he didn't submit to authority?
    Disagree w/this...the cops had no way of knowing what other weapons he might have had. The kid was out of control and acting irrationally, he could have pulled out a gun and started spraying bullets.

    Quote Originally Posted by animosity View Post
    they should have just towed the bus to the impound like they did with that rapper. the kid would have had more time to decide to drop the knife and no one would have died.
    Again, he could have had a gun, bomb, who knows? It was an unsafe situation and the kid had to subdued, and fast, but there had to be a better way...

  4. #229
    Senior Member songbirdsong's Avatar
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    Quote Originally Posted by marycontrary View Post
    You sound very confident in your ability to make split second judgments. I'm not too fond of witnessing people shoot one another.

    Couldn't they have shot him with rubber bullets? He was too far away from any of the officers to pose an immediate threat. Did the officer shoot him because he was a threat to the well being of others or was he shot because he didn't submit to authority?

    If the man was threatening his own life with the knife, would they have tried to save his life or simply shot him? We know little about the knife wielding man. He may have had mental illness and now we will never know.
    I guess they're as stingy with the rubber bullets as they are with the tasers. Or rubber bullet guy was on the crapper.

    The officer who tasered a Toronto teenager after he was shot multiple times on a streetcar is under investigation and could face charges.

    The tasering officer?s conduct falls under the scope of Chief Bill Blair?s legally mandated probe into the shooting death of Sammy Yatim
    who was alone on the streetcar and wielding a knife when a police officer fired nine shots, eight of which reportedly struck him. After Mr. Yatim was wounded and lying on the floor, another officer tasered him, cellphone videos and surveillance footage of the July 27 incident show.

    Although the tasering officer is not the subject of a probe by the provincial Special Investigations Unit ? which on Monday brought second-degree murder charges against Constable James Forcillo, the officer who shot at the 18-year-old ? the officer?s conduct falls under the chief?s review.

    On Aug. 14, Chief Blair announced he had tapped retired judge Dennis O?Connor to assist with the internal review, which includes both the incident probe and a forward-looking examination of use of force in dealing with emotionally disturbed people.

    Police spokesman Mark Pugash said the review covers the conduct of every officer ? except Constable Forcillo ? involved in the Yatim shooting and said investigators will decide, based on the evidence gathered, whether there are grounds to pursue charges against anyone.

    ?Any officer who is the subject of this investigation could potentially face charges under the Police Services Act or the criminal law,? Mr. Pugash said. ?Under the Police Services Act, the maximum penalty is dismissal and there?s a whole range of penalties scaling down from there.?

    When asked whether the tasering officer has been suspended or remains on duty, Mr. Pugash said he can?t discuss the status of individual officers.

    The SIU, which investigates civilian deaths and serious injuries involving police, has said it believes only one officer ? Constable Forcillo ? caused Mr. Yatim?s death and is therefore not investigating the tasering officer.
    http://www.theglobeandmail.com/news/...ticle13941570/
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    Just as I suspected. A ring of elderly pedophiles.
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    Fucking piece of shit, fucking scum, internet ass holes. fucking ingrate no life having fat ass. you have no fucking clue at whats going on fuck tard shit for brains.

  5. #230
    Senior Member ImBatman!'s Avatar
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    Quote Originally Posted by marycontrary View Post
    You sound very confident in your ability to make split second judgments. I'm not too fond of witnessing people shoot one another.

    Couldn't they have shot him with rubber bullets? He was too far away from any of the officers to pose an immediate threat. Did the officer shoot him because he was a threat to the well being of others or was he shot because he didn't submit to authority?

    If the man was threatening his own life with the knife, would they have tried to save his life or simply shot him? We know little about the knife wielding man. He may have had mental illness and now we will never know.
    K...if you have a weapon that you know how to use ie. a gun..and you are being assaulted what would you do?? I am weapon's certified since a young age and you shoot to kill. Sorry if you don't agree. I will be alive and you?
    "Most people do not listen with the intent to understand; They listen with the intent to reply." ~ anonymous
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  6. #231
    I'm not wearing any pants
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    I used to own a gun but not anymore. I loved it when i had it. Then i realized,i used to beat [not ALL the time] people up for a living [concert security] so thunder and lightning is all i have now!

  7. #232
    Senior Member ImBatman!'s Avatar
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    Quote Originally Posted by Beantown Bitch View Post
    I used to own a gun but not anymore. I loved it when i had it. Then i realized,i used to beat [not ALL the time] people up for a living [concert security] so thunder and lightning is all i have now!
    "Most people do not listen with the intent to understand; They listen with the intent to reply." ~ anonymous
    "Keep calm and sing Soft Kitty"
    "it is what it is!"

  8. #233
    Sana sana colita de rana beli's Avatar
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    Quote Originally Posted by *crickets* View Post

    Again, he could have had a gun, bomb, who knows? It was an unsafe situation and the kid had to subdued, and fast, but there had to be a better way...
    not sure if you were serious or not, but ani was making a joke.

    http://www.tmz.com/2013/08/22/tour-b...rugs-oklahoma/
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    Roses are red, violets are blue, seriously where is the fucking ring I gave Julie and ask her mom about the flowers
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    In all fairness, we have no idea how big this dude's cock was.

  9. #234
    Senior Member animosity's Avatar
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    Quote Originally Posted by beli View Post
    not sure if you were serious or not, but ani was making a joke.

    http://www.tmz.com/2013/08/22/tour-b...rugs-oklahoma/
    thank you!
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  10. #235
    Sana sana colita de rana beli's Avatar
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    Quote Originally Posted by animosity View Post
    thank you!
    I still LMFAO at this - Cops eventually towed the bus (with the people inside) to a nearby police training facility ... while they wait for a judge to issue a warrant.
    Quote Originally Posted by Gawna View Post
    Roses are red, violets are blue, seriously where is the fucking ring I gave Julie and ask her mom about the flowers
    Quote Originally Posted by Ron_NYC View Post
    In all fairness, we have no idea how big this dude's cock was.

  11. #236
    Senior Member *crickets*'s Avatar
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    Quote Originally Posted by beli View Post
    not sure if you were serious or not, but ani was making a joke.

    http://www.tmz.com/2013/08/22/tour-b...rugs-oklahoma/
    Yes I had heard about the rapper...it was the 2nd sentence in ani's post that made it sound like she was serious.

  12. #237
    Senior Member blighted star's Avatar
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    http://toronto.ctvnews.ca/yatim-fami...-job-1.1790185

    CTV Toronto Published Thursday, April 24, 2014 8:59AM EDT Last Updated Thursday, April 24, 2014 6:26PM

    The family of Sammy Yatim, the Toronto teen who was fatally shot by police last summer, say they are “extremely disappointed” to learn that Toronto Police Chief Bill Blair allowed the officer facing second-degree murder charges in the case to return to work.

    Yatim’s family expressed outrage Thursday over the fact that Chief Blair allowed Const. James Forcillo to return to work in an administrative role with Crime Stoppers in February following a six-month paid suspension.

    “We are extremely disappointed that a police officer charged with second-degree murder of which there is ample video evidence is being allowed to return to duty,” a family statement read.

    “Forcillo is charged with a crime, how can he possibly work for Toronto CrimeStoppers?”

    The family has scheduled a rally on April 27 at Toronto Police Headquarters

    Forcillo’s lawyer Peter Brauti said police considered evidence in the case before putting Forcillo back on the job.

    “In this particular case, after the Toronto Police Service evaluated the evidence, they brought officer Forcillo back onto administrative duties,” he told CTV Toronto.

    Toronto Police Association President Mike McCormack says this is not an “irregular occurrence,” and that officers facing allegations often return to work under restrictive roles. The decision on Forcillo, he added, was made after a comprehensive risk assessment.

    When Yatim was shot on July 27, 2013, videos of the incident recorded on bystanders’ cellphones were posted online, prompting accusations that police used excessive force.

    In the videos, police are heard shouting at Yatim to drop a knife. Police then fire nine gunshots at the TTC streetcar.

    Forcillo’s preliminary hearing is scheduled to run through May 9, and continue from June 16 to 20.

  13. #238
    Moderator bowieluva's Avatar
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    Wowo, I forgot that this thread was a breeding ground for the worst people ever.

  14. #239
    Senior Member missbad's Avatar
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    Yatim?s family sues Toronto police in wake of teen?s shooting death


    The family of the 18-year-old shot and killed on a TTC streetcar last summer has filed a multi-million dollar lawsuit against Toronto Police.

    Julian Falconer filed the lawsuit on behalf of Sammy Yatim?s mother and sister, according to the complaint, which was reported first by the Toronto Star. Click here to see the statement of claim. Falconer wasn?t immediately available for comment.

    The suit alleges the 20 police officers on the scene when Yatim was shot last July were not properly trained to deal with someone suffering an emotional disturbance and used excessive force.

    The lawsuit names Const. James Forcillo ? who has been charged with second-degree murder in Yatim?s death ? as well as police chief Bill Blair, the Toronto Police Services Board, and two unnamed police officers, including the officer who Tasered Yatim after he was struck by eight of nine bullets that were fired.

    Yatim?s family is suing for more than $8-million and claim they are suffering anxiety, depression and physical and psychological conditions.

    The defendants have not filed any statements of defence, and police weren?t immediately available for comment.

    Falconer has represented other families of people killed at the hands of police, including Ashley Smith and Douglas Minty.

    Yatim died July 27, 2013, after police shot the teen on an empty streetcar. He was suffering an acute emotional disturbance, the family said in its statement of claim.
    http://m.citynews.ca/2014/07/23/yati...hooting-death/


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    Nothing matters but the lesbian.

  15. #240
    Senior Member missbad's Avatar
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    Court releases 911 call heard during Forcillo trial

    Audio at link
    http://www.citynews.ca/2016/01/22/co...orcillo-trial/


    A 911 call made during the shooting death of Sammy Yatim has been released by a Toronto court.

    In the audio, a woman named Bridget describes her interaction with the 18-year-old, including him exposing himself and brandishing a knife.

    During the call, police cars can be heard arriving on scene and then the sounds of chaos as the shots were fired.

    The audio is a chilling display of how quickly the entire incident took place.

    The audio was released on day three of jury deliberations. Const. James Forcillo has been charged with second-degree murder and attempted murder in the fatal shooting of Yatim on an empty streetcar in July 2013.,

    Forcillo has pleaded not guilty to both


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    Nothing matters but the lesbian.

  16. #241
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    Forcillo guilty of attempted murder, not guilty of second-degree murder

    http://www.680news.com/2016/01/25/br...degree-murder/
    Toronto police Const. James Forcillo has been found guilty of attempted murder and aggravated assault, but not guilty of more serious charges of second-degree murder and manslaughter in the 2013 streetcar shooting death of 18-year-old Sammy Yatim.

    A conviction for attempted murder with a firearm carries a mandatory minimum sentence of four years in prison.

    Jurors ultimately found that Forcillo was justified in firing the first volley of shots which felled Yatim, but he was guilty when he fired a second series of shots when the teen was laying gravely wounded on the floor of the streetcar.

    Jurors reached their verdict on Monday morning on the sixth day of deliberations.

  17. #242
    Senior Member missbad's Avatar
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    Crown to seek more than five-year sentence for Const. James Forcillo

    https://www.thestar.com/news/crime/2...-forcillo.html

    The attempted murder of Sammy Yatim is ?one of the most egregious examples of unjustified violence by a police officer in Canada? and deserves a prison sentence longer than the mandatory five year minimum, the Crown wrote in submissions filed with the court Wednesday.

    The Crown was responding to a constitutional challenge launched by Const. James Forcillo?s lawyers to allow Forcillo to receive house arrest instead of jail time.

    Forcillo was acquitted of second-degree murder for shooting 18-year-old Yatim three times ? causing fatal damage to the heart ? as the knife-wielding teen was on a stopped, empty streetcar in July 2013.

    The jury convicted Forcillo of attempted murder for firing another round of six shots at Yatim seconds later, five of which struck Yatim?s paralyzed lower body as he lay dying on his back on the floor of the streetcar.

    Forcillo?s lawyers argue the second volley was a mistaken use of too much force by a police officer tasked with protecting the community, making the five-year minimum sentence for attempted murder with a restricted weapon (the police-issued handgun) ?grossly disproportionate.?

    In their 92 pages of submissions, Crown prosecutors Milan Rupic and Ian Bulmer vehemently disagree.

    Forcillo, as a police officer, should actually receive a harsher sentence than an ordinary person who committed the same crime, the Crown wrote.

    The second volley was a ?grave breach of trust by a police officer against a defenceless person by means of extreme violence,? the Crown wrote. ?Such an abuse of authority undermines the public?s confidence in the integrity and professionalism of the police, and ultimately, in our justice system.?

    The impact of the six shots on Yatim was minimal, Forcillo?s lawyers argue. They did not cause or accelerate Yatim?s death or cause him pain. If Yatim had died before the second round of shots was fired, there would be no attempted murder charge.

    It is a matter of luck and ?mere inches? that none of the shots caused or contributed to Yatim?s death, the Crown responded.

    The injuries caused by hollow-point bullets striking Yatim?s genitals and bladder were ?exceptionally severe and completely unnecessary? and would have required surgery if he had survived the shot to his heart.

    Yatim was conscious throughout, the Crown added, both during the second volley of shots and when he was gratuitously Tasered by Sgt. Dan Pravica.

    Whether Forcillo?s response starting from his arrival at the scene was appropriate and compliant with police training will be a contentious issue at the sentencing hearing later this month.

    Despite being acquitted of murder, Forcillo bears ?moral blameworthiness? for failing to use de-escalation tactics on a person in crisis, or the non-lethal options available to him, the Crown argues.

    ?What happened instead is that (Forcillo) escalated the situation by means of profanity and intimidation,? the Crown wrote.

    Mandatory minimum sentences have been repeatedly challenged at the Supreme Court of Canada, but have notably been upheld for charges involving deaths caused by firearms, the Crown wrote.

    In perhaps the closest parallel to Forcillo?s case, an RCMP officer who was convicted of manslaughter with a firearm for shooting a prisoner after an altercation in a jail cell had his four-year mandatory minimum sentence upheld in 2008.

    That case shows there is no special exception for police officers who commit manslaughter with a firearm in the course of their duties, even after being attacked, the Crown wrote.

    And Forcillo?s crime is more egregious, the Crown wrote.

    Forcillo fired at Yatim intending to kill him. He was trained in de-escalation techniques but failed to use them. And unlike the RCMP officer who was alone, Forcillo was surrounded by other officers would could have assisted him in controlling the situation with non-lethal force.

    The Crown dismissed as ?irrelevant and ambiguous? the hypothetical situations presented by the defence, including a soldier who shoots an enemy combatant one too many times or a battered woman who shoots her husband once, then still fearing for her life, continues to fire at him.

    The sentencing hearing is scheduled for May 16.


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    Nothing matters but the lesbian.

  18. #243
    Moderator bowieluva's Avatar
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    Meanwhile in the US we exonerate a guy who shot a 12 year old from a moving cop car without issuing a warning.

  19. #244
    Senior Member blighted star's Avatar
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    http://www.cbc.ca/beta/news/canada/t...cing-1.3698183


    Const. James Forcillo sentenced to 6 years in fatal streetcar shooting of Sammy Yatim


    Toronto police officer handcuffed after judge's decision, will be suspended without pay

    Updated
    Andrew Lupton ? CBC News
    28 Minutes Ago
    Police Shooting Toronto 20160728
    Toronto police Const. James Forcillo has been sentenced to six years in jail for attempted murder in the 2013 shooting death of teenager Sammy Yatim. His lawyers immediately launched an appeal, and Forcillo has been suspended without pay. (Michelle Siu/Canadian Press)

    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 Yatim
    ​Forcillo 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.

    Police Shooting Toronto 20160728
    Yatim's mother, Sahar Bahadi, right, thanked Justice Edward Then for his decision but said she's angry Forcillo has shown no remorse for fatally shooting her son, who was 18. (Michelle Siu/Canadian Press)
    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.

    ​The Yatim shooting and the events leading up to it were captured on video cameras aboard the streetcar. Cellphone videos of Yatim's death taken by passersby were also shared widely on social media, sparking outrage and spurring a police chief's review of police use of force when dealing with emotionally disturbed people.

    Justice Then said the video provided "powerful evidence" that laid bare police actions that amounted to "an egregious breach of trust."

    Moments after the sentence was read, Mayor John Tory said the city is working with the board that provides civilian oversight of police to prevent similar deaths.

    "I have no particular comment on the sentence," said Tory. "But I will say we are spending a lot of time at the police services board trying to figure out how to de-escalate these circumstances so you can have zero people die."

  20. #245
    Senior Member blighted star's Avatar
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    Missed a few updates.

    This is the cop who claimed he only tased him after he was shot "to get him medical help faster". Maybe he thinks he can argue that he confused tasing with defib

    Can't find anything else on it so maybe it hasn't made it to court yet?

    https://www.thestar.com/news/crime/2...ct-charge.html
    Sergeant who Tasered dying Sammy Yatim faces misconduct charge
    Sgt. Dusan Dan Pravica will plead not guilty to using unnecessary force in the infamous incident on a streetcar, his lawyer says.

    Nearly four years after Sammy Yatim was shot eight times on an empty streetcar, Ontario?s police watchdog has ordered that a misconduct charge be laid against the veteran Toronto police sergeant who Tasered the 18-year-old as he lay dying, the Star has learned.

    Sgt. Dusan Dan Pravica ? who within 33 seconds of the shooting climbed aboard the streetcar and Tasered Yatim ? used ?unnecessary force,? ?failed to assess the totality of the circumstances,? and ?acted in haste,? according to an investigation by the Office of the Independent Police Review Director (OIPRD), completed earlier this month.

    The investigation was launched after a complaint by Nabil Yatim, Sammy Yatim?s father, to the watchdog in October, 2013. Pravica called the complaint ?frivolous and vexatious? while testifying at the 2015 criminal trial of fellow officer, Const. James Forcillo.

    Currently appealing his attempted murder conviction in Yatim?s death, Forcillo, too, faces a new misconduct charge under the Police Services Act, stemming from a separate OIPRD complaint filed by Nabil Yatim. The police watchdog found sufficient evidence that Forcillo used unlawful and unnecessary force against Yatim to merit a disciplinary hearing.

    ?There is a sense of justice,? Nabil Yatim said in a written statement to the Star on Friday. ?It was so disturbing that a police officer would Taser someone who was down and shot fatally eight times. It would be hard to believe that this action would not be professional misconduct.?

    No hearing date has been set in either case. Because of a six-month limitation on complaints at police disciplinary hearings, Toronto police will have to obtain permission from the Toronto police board to proceed with both charges.

    Peter Brauti, the Toronto lawyer representing both officers, said Pravica will be pleading not guilty. Brauti said he expects the Forcillo matter will be adjourned to October pending the outcome of the criminal appeal.

    The penalty for a conviction of police misconduct ranges from a reprimand to dismissal.
    Also ...

    https://www.cp24.com/news/cop-convic...home-1.3679007
    Last Updated Wednesday, November 15, 2017 3:34PM EST

    Cop convicted in Sammy Yatim case arrested after allegedly being found at new home

    Forcillo should be granted bail again, lawyer says

    Peter Brauti, a lawyer for Const. James Forcillo, explains allegations that Forcillo violated his bail conditions.

    Cop accused in Yatim death back in custody

    Const. James Forcillo has been arrested for allegedly breaching his bail conditions, the SIU says.

    The officer convicted of attempted murder in the 2013 shooting death of 18-year-old Sammy Yatim is back in custody after he was allegedly found at a new address in violation of his bail conditions.

    Constable James Forcillo was arrested by Toronto police at around 7:30 a.m. this morning and his arrest was announced by the Special Investigations Unit. He made a brief court appearance shortly after 11 a.m. before being remanded into custody.

    According to Peter Brauti, one of Frocillo?s lawyers, the alleged breach stems from Forcillo?s effort to move to a new residence as a result of his recent divorce.

    ?His bail conditions were that he had to reside with his wife, which is now his ex-wife, which is obviously an uncomfortable situation for everyone,? Brauti told CP24.

    ?Efforts were being made to change his residence and in fact we had a motion before the court for this coming Thursday and what happened is as a result of checking on the new address to see if it was suitable, Officer Forcillo was allegedly present at the address and shouldn?t have been.?


    In 2016, Forcillo was sentenced to six years in prison for attempted murder in connection with a second volley of shots fired at Yatim on board a Dundas streetcar after the teen was already down.

    The officer was acquitted of second-degree murder in connection with the first volley of shots.

    Pending his appeal, Forcillo was under strict bail conditions that stated he had to reside with his now ex-wife at their home in Vaughan at all times, except for medical emergencies, court appearances, and other strict circumstances.

    Forcillo?s bail was set to expire in October of this year, but it was recently extended to April of 2018 because of his ongoing appeal.

    Lawyers for Forcillo have asked the appeal court to substitute a not-guilty verdict or order a new trial.

    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.

    Brauti said that he expects Forcillo will be granted bail again, but that it will depend on the evidence about the alleged breach of his conditions.

    ?I would expect he?ll be granted bail again as a result of this. That?s what any normal person would get under these circumstances, they would get bail reissued. I expect that he will,? Brauti said.

    He added that lawyers haven?t yet had a chance to fully review the circumstances of the alleged violation.

    Ed Upenieks, a lawyer for the Yatim family, said the alleged breach shows a lack of respect for the system.

    ?It calls into question his respect for the legal system and for the bail conditions,? Upenieks said.

    Forcillo is expected to make his next court appearance Friday morning.

    He remains suspended without pay pending his appeal.

    & ... the only dickhead out of all those officers who wasn't able to act with restraint, is of course appealing his sentence


    https://www.thestar.com/news/crime/2...ccurrence.html

    Lawyers for cop who shot Sammy Yatim argue nine shots were 'single' occurrence

    The lawyers for Const. James Forcillo argued at the Court of Appeal that the fatal shooting should not have been separated into two distinct volleys of shots at the officer?s criminal trial.<<snipped>>

  21. #246
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    & last then there's this from last month

    https://www.thestar.com/news/gta/201...new-trial.html

    Lawyers for cop who shot Sammy Yatim say ?fresh evidence? warrants new trial

    A recent study could explain why Const. James Forcillo, who shot Sammy Yatim, had a distorted perception of Yatim?s movements, Forcillo?s lawyers say.


    By WENDY GILLIS Crime Reporter
    Sat., Feb. 17, 2018
    The legal team representing the Toronto police officer convicted of attempted murder in the death of Sammy Yatim says there is new evidence ?capable of tipping the scales? on the case?s controversial outcome ? and argues it should be heard at a new trial.

    Documents filed at the Ontario Court of Appeal provide greater detail about the so-called ?fresh evidence? lawyers for Const. James Forcillo argue should be heard in court ? research they say sheds new light on the phenomenon of ?critical incident stress.?

    That proposed evidence ? a recent study examining Toronto police officers? response in dangerous situations ? advances the ?scientific understanding of the stress response in the law enforcement context,? according to written arguments prepared by Michael Lacy, Joseph Wilkinson and Bryan Badali.

    The issue is of critical relevance to the suspended officer?s defence on the all-important ?second volley? of bullets ? the six shots Forcillo fired while Yatim was on the floor of the streetcar, already shot by three of Forcillo?s bullets.

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    Forcillo testified that he?d had an honest belief that Yatim was re-arming himself and getting up ? a claim plainly disproven by the video evidence of the shooting. But officer?s lawyers now say there is research backing up how and why the officer?s ?distorted? perception of Yatim?s movements may have been altered by a stress response.

    ?Had the jury had the benefit of the evidence, the jury would have been more likely to accept that (Forcillo) honestly was mistaken about (Yatim)?s movement prior to the second volley . . . ?

    In turn, they may have concluded he lacked the intent to kill necessary to convict him, believing he was acting in an ?instinctive, impulsive or unthinking manner due to the stress response.?

    Crown lawyers, meanwhile, say Forcillo?s lawyers are attempting to ?revisit an issue that was addressed at trial.?

    ?Neither at trial nor now on appeal has anyone offered the opinion that stress can cause a person to misperceive in the way (Forcillo?s lawyer) described, that is, to hallucinate that someone has raised their body up to a 45-degree angle off the floor,? Crown lawyers Howard Leibovich, Susan Reid and Michael Perlin write in a lengthy recent response.

    Forcillo, 34, was found not guilty of second-degree murder in the July 2013 shooting death of Yatim, 18, on a Toronto streetcar. But the jury convicted the officer of attempted murder ? a confusing outcome made available by the Crown?s decision to separate Forcillo?s nine shots into two distinct volleys.


    Sahar Bahadi (middle), Sammy Yatim's mother, arrives at the University Ave. courthouse in this file photo. (TORONTO STAR FILE PHOTO)

    Toronto police had been called to the Dundas West streetcar to investigate a young man armed with a knife and exposing himself. Once Forcillo arrived on scene, Yatim was alone on the streetcar, passengers having run off in a panic.

    In an exchange that took place in less than a minute, Forcillo arrived on scene and shot Yatim three times as he stood at the door of the streetcar, unleashing what experts later determined was the fatal shot to Yatim?s heart. Less than six seconds later, as Yatim lay on the floor of the streetcar, Forcillo shot at him six more times, striking him five times.

    It was the second volley the jury found constituted attempted murder, and that trial judge Justice Edward Then called an ?egregious breach of trust.?

    Forcillo has appealed various aspects of the case and its outcome, including the six-year sentence handed down by Then. At the Court of Appeal last fall, his lawyers argued the shots fired by Forcillowere part of one consecutive event and should never have been split into two volleys.

    In a second phase of Forcillo?s appeal ? so far argued only in written submissions ? his lawyers are arguing they be allowed the rare ability to present new evidence to Ontario?s highest court.

    It?s uncommon for evidence not introduced at trial to be heard at an appeal hearing; lawyers must prove it pertains to an issue central to the case and that the evidence was not available when the trial was held.

    Forcillo?s lawyers have argued the new evidence provides reliable research to back up their claim that Forcillo had been experiencing ?stress-caused perceptual distortions? at the time he began firing the second volley, causing him to misperceive that Yatim was rising up.

    The new research stems from a study by Judith Andersen, a health psychologist who studies the physical and mental health impact of stressful and traumatic experiences. She conducted a study on a small group of officers from Toronto police?s Emergency Task Force.

    The research involved evaluating the officers? cortisol and cardiovascular levels in various stressful scenarios, both in training and on the road. The tests came back with what Forcillo?s lawyers say is ?objective biological measurements? indicating that ? despite being highly trained ? the officers? stress arousal lasted for an average of five minutes and as long as 10 minutes.

    According to Forcillo?s lawyers, one of the most important aspects of the study casts doubt on the testimony of now-retired Toronto deputy chief Mike Federico, a Crown witness who at trial stated the service provided training that inoculates officers against the effects of stress.

    Forcillo?s lawyers say the study shows the inoculation techniques used by Toronto police ?do little to counteract? the effects of a natural stress response that then go on to affect the perceptions and reactions ?of even highly trained? officers.

    Crown lawyers argue the study adds ?nothing of substance? to the evidence heard at trial. They write that the research cannot be expected to affect the result from trial and, conducted in 2014, is ?far from fresh;? Forcillo?s lawyers say the research was unknown at the time of the trial.

    While Forcillo?s lawyers are arguing that the new evidence establishes it is more likely that the officer was experiencing ?perceptual distortions? when he shot Yatim, Crown lawyers say the study did not examine whether there were such distortions caused by stress.

    Mere evidence that officers have a physical response to stress does not ?meaningfully advance the defence.?

    ?The evidence is inadmissible, and the fresh-evidence application should be dismissed,? the Crown lawyers write.

    There are so far no court dates scheduled for oral arguments on the new evidence issue.

    Late last year, Forcillo was charged with breaching his bail conditions after he was found at another apartment, that of his fianc?e, when he should have been at home. A few weeks later he was charged with perjury and attempting to obstruct justice.

    His bail has since been revoked and he is in prison serving his six-year sentence while awaiting the results of the appeal.

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