The police officer convicted of attempted murder in the shooting of Sammy Yatim had his bail revoked on Monday, CP24 has learned.
A source in court tells CP24 that Const. James Forcillo is now in prison and has begun serving his six year sentence as he awaits an appeal hearing.
Forcillo has been in custody since being arrested on Nov. 15 for allegedly being found at a residence other than the one that he was required to reside at under the conditions of his bail.
At the time of the alleged breach, Forcillo was awaiting a now deferred court hearing, where he was planning to ask a judge to alter his bail conditions so he would be permitted to reside with his fiancée.
SIU investigators allegedly went to his fiancé’s home in North York looking to assess the apartment’s suitability earlier this month.
When they knocked on its door, Forcillo himself allegedly answered and tried to explain away his presence at the home as only being “temporary.”
In wake of the breach, the Attorney General filed a motion to revoke his bail. He will appear in court on Dec. 15 to face a charge of breaching bail in relation to the SIU discovery earlier this month.
This week, Forcillo's ex-wife and her parents declined to remain as his sureties, CTV News Toronto reports.
“We’re in a situation where we don’t have any sureties,” Forcillo’s lawyer, Peter Brauti, told CP24. “He’s in a bit of a bleak situation here.”
Forcillo was previously released on bail pending appeal but was under strict bail conditions that required him to reside with his now ex-wife at their home in Vaughan at all times, except for medical emergencies, court appearances, and other select circumstances.
His appeal will be heard sometime next year in April. Sources say Forcillo will be held locally until Dec. 15, when he will be transferred to a federal prison.
“If we don’t resolve this bail situation, Const. Forcillo will be in custody not only up to the appeal hearing but until it is resolved,” Brauti said.
Forcillo has been suspended without pay by Toronto police since his conviction but legally remains a sworn peace officer.
