While Const. James Forcillo was found guilty on one of the charges in connection with Sammy Yatim’s death, the verdict left some people scratching their heads. Here is a quick primer to explain the charges.
Why was Forcillo charged with attempted murder if Yatim died?
The attempted murder charge relates to the second volley of shots that Forcillo fired. Since Yatim was likely dead already when those shots were fired, killing him at that point was technically impossible.
What was Forcillo acquitted of?
The jury found Forcillo not guilty of second-degree murder in connection with the first round of shots that left his spine severed, meaning that they believed he used appropriate force in responding to the threat he perceived. They also found him not guilty of manslaughter in connection with that same round of shots.
What about the aggravated assault charge?
Aggravated assault was the lesser charge in connection with the second round of shots. Once the jury found Forcillo guilty of the more serious attempted murder charge, the lesser charge of aggravated assault was set aside.
What kind of a sentence does he face?
The charge of attempted murder with a prohibited weapon carries a mandatory minimum sentence of five years.
If the jury found him guilty, why is he not formally convicted?
Forcillo’s lawyers have filed a motion for a stay of the charges, arguing that Forcillo was acting based on state training and should therefore not be punished by the state for carrying out his training.
Forcillo will remain out on bail until the stay application is heard in late May. If the judge rejects the stay application and Forcillo is formally convicted at that point, he will go to prison while his lawyers appeal the conviction.
Is this the final word? What happens next
Forcillo’s lawyers have indicated that they will fight the guilty finding for the attempted murder charge with a number of tools.
In addition to an appeal if he is convicted, his lawyer also intends to launch a constitutional challenge to the mandatory minimum sentence for attempted murder and will likely argue that the criminal code did not contemplate police use of force.
Whatever the outcome of the criminal proceedings, Forcillo also faces a civil suit launched by Yatim’s family.
Will Forcillo keep his job as a cop?
Under the Police Services Act, Forcillo will now be suspended with pay until the sentencing outcome. If Forcillo goes to jail, he could be suspended without pay.
Once the appeal process has ended or been exhausted, the Toronto Police Service Professional Standards Unit will proceed with possible disciplinary measures, which could include Forcillo’s dismissal from the force.
