Toronto cop who killed Sammy Yatim arrested for breaching bail conditions

The Toronto cop convicted of attempted murder in the streetcar shooting death of Sammy Yatim was arrested on Wednesday for breaching his bail conditions.

Constable James Forcillo, who was out on bail while appealing his attempted murder conviction for the 2013 shooting, was arrested on Wednesday morning, based on information gathered by the Special Investigation Unit (SIU), which investigates incidents of serious injury, death or allegations of sexual assault involving police in Ontario.

Forcillo is accused of violating his bail conditions by not living with his surety at his Vaughan address, not telling the SIU about a change of address, and not remaining in his residence at all times, except for emergencies, according to court documents.

The suspended police officer’s bail was extended in late September, just before he was about to start his appeal. He had been sentenced to six years in prison for shooting the teenager 9 times, and is now fighting for an acquittal or a new trial.

Forcillo is also asking for a declaration that the mandatory minimum sentence for attempted murder is unconstitutional, and pushing for his sentence to be reduced from six years to the minimum of five.

Mandatory minimum sentences

Tougher mandatory minimum sentences for were introduced in Canada following a rise in gun violence in 2008. Forcillo’s lawyers say the mandatory minimum is unconstitutional and shouldn’t apply to an officer on duty.

In the spring of 2013, Forcillo fired two volleys of shots at 18-year-old Yatim. Thousands watched cell phone video of what happened in the seconds after Forcillo arrived at the streetcar Yatim had been riding, drew his weapon, and started demanding that the teenager drop the knife he was holding in his hand. The shooting sparked mass protests over the police’s use of force in Canada’s largest city.

The first volley of three shots included the bullet that killed him, and the second volley of six shots was fired after Yatim was already on the ground, paralyzed and unable to get back up.

Last year, Forcillo was found not guilty of second-degree murder in connection to the first volley. He was, however, found guilty of attempted murder for the second volley.

His lawyers have argued the nine shots were part of the same shooting, and that the two volleys, separated by about five and a half seconds, shouldn’t have been treated as two separate occurrences.

Forcillo’s lawyers say a conviction for attempting to kill someone who he was found to have killed legally is “illogical,” the Star reported.

His lawyers also say they should have been allowed to present the jury with evidence, including text messages, expert testimony, and a Google search Yatim had made about how to commit suicide. They argue that Yatim was in effect committing suicide-by-cop.

Forcillo’s bail hearing is set for Friday.