A Toronto police sergeant who Tasered Sammy Yatim as he lay dying on the floor of a streetcar nearly four years ago is facing a misconduct charge under the Police Services Act.
The Office of the Independent Police Review Director has ordered that Sgt. Dusan Dan Pravica face the charge in connection with his decision to enter the streetcar on July 27, 2013 and Taser Yatim after he had already been shot eight times by Const. James Forcillo.
The ordering of the charge comes following a complaint that Sammy Yatim’s father Nabil Yatim made to the OIPRD.
Toronto Police Association President Mike McCormack confirmed the news of the charge to CP24 on Saturday, indicating that Pravica will plead not guilty.
Speaking with CP24 later in the day, Pravica’s lawyer Peter Brauti said that his client did not know that Yatim had been shot when he arrived on scene immediately after the gunfire and simply followed his training.
“It is based on what the officer knew and what he knew at the time was that Mr. Yatim was still armed with a knife,” he said. “When he got to a streetcar he was unaware that Mr. Yatim had been shot.
An investigation by the OIRPD previously stated that Pravica used “unnecessary force” in deploying the Taser and “acted in haste” in doing so within seconds of arriving on scene.
Bauti, however, rejected that conclusion. He told CP24 that had his client known all the facts “he would have made a different decision” but he said “that’s not the position he was in.”
It should be noted that the Toronto Police Services board will have to sign off on the charge due to the fact that it pertains to an allegation that is more than six-months old.
Those found guilty of an offence under the Police Services Act can face penalties ranging from a formal reprimand to forfeiture of pay, a demotion or outright dismissal.
