ONCA Upholds Toronto Cop's Attempted Murder Conviction

[EndlessCritic]

https://www.theglobeandmail.com/can...s-conviction-sentence-against-toronto-police/

http://www.ontariocourts.ca/decisions/2018/2018ONCA0402.htm

TLDR:

-Toronto cop James Forcillo responded to a call about a mentally ill man (Sammy Yatim) brandishing a knife to passengers on a bus.

-Forcillo finds himself in a position with his gun pointed at Mr. Yatim, and Mr. Yatim standing in the doorway of the bus. Yatim refused to drop his knife.

-Forcillo fired 3 shots at Mr. Yatim, dropping him. One of the bullets fatally wounded Mr. Yatim.

-5.5 seconds later, with Yatim still on his back (and still alive), Forcillo fired six more shots at Mr. Yatim. None of these shots were fatal.

-Forcillo was acquitted of murder, but convicted of attempted murder. The idea being that the first three (fatal) shots were justifiable, but the second 6 (non-fatal) shots were not justifiable. The ONCA sums up the curious facts:

The combination of verdicts returned by the jury presents an unusual, if not unique, result. The appellant stands acquitted of murdering Mr. Yatim and he stands convicted of attempting to murder Mr. Yatim, some 5.5 seconds later. In effect, the appellant has been convicted of attempting to murder the very same person he was found to have justifiably fatally shot just 5.5 seconds earlier.

 

[HockeyBjj]

I haven't followed this case at all to make an adequate judgement of my own, but I like this precident

"The idea being that the first three (fatal) shots were justifiable, but the second 6 (non-fatal) shots were not justifiable."

Shoots don't have to be simple 100% good and yay criminal off the streets and cops home safe, or bad and murder with a badge. Differing aspects and responses to each should be treated independently when it's something questionable

Like that hallway guy on his knees doing the simon says game. The instant of pulling the trigger was justifiable, the man reached behind his back after being explicitly told not to and they were there on a gun call. But every single damn moment leading up to the point was a complete fuck up that lead to a death, so some sort of negliable homicide or reckless endangerment charge resulting in the man's death could be applied

 

[milliniar]

The charges are odd, but that is due to legal process and stupid shit as part of the legal system.
The criminal was handled correctly in the first 3 shots, the rest were excessive and the basis of the charges.

 

[EndlessCritic]

imo this is a great thread that deserves more commentary.

 

[Ares Black]

Seems like the right call.

You can understand why Forcillo felt the need to shoot Yatim. You don't have to agree with it to think it's reasonable.

Shooting him six more times? Unnecessary, unreasonable, and clearly criminal.

 

[7437]

Good. We need less violent criminals on the street

 

[Wet Blanket]

https://www.theglobeandmail.com/can...s-conviction-sentence-against-toronto-police/

http://www.ontariocourts.ca/decisions/2018/2018ONCA0402.htm

TLDR:

-Toronto cop James Forcillo responded to a call about a mentally ill man (Sammy Yatim) brandishing a knife to passengers on a bus.

-Forcillo finds himself in a position with his gun pointed at Mr. Yatim, and Mr. Yatim standing in the doorway of the bus. Yatim refused to drop his knife.

-Forcillo fired 3 shots at Mr. Yatim, dropping him. One of the bullets fatally wounded Mr. Yatim.

-5.5 seconds later, with Yatim still on his back (and still alive), Forcillo fired six more shots at Mr. Yatim. None of these shots were fatal.

-Forcillo was acquitted of murder, but convicted of attempted murder. The idea being that the first three (fatal) shots were justifiable, but the second 6 (non-fatal) shots were not justifiable. The ONCA sums up the curious facts:

This guy should have got murder. He's a real POS and got off easy.

 

[Wet Blanket]

Good. We need less violent criminals on the street

You obviously don't know a thing about the case. Kid was alone on a streetcar with a knife. Who could he hurt?

Edit: Sorry, thought you meant the kid.

 

[7437]

You obviously don't know a thing about the case. Kid was alone on a streetcar with a knife. Who could he hurt?

I meant the pig

 

[Wet Blanket]

I meant the pig

Ah sorry. My bad. I'm obviously still angry about that poor kid.

 

[oldshadow]

Not hard to understand as explained.

He shot until the suspect was down and no longer a threat.

Then when the guy was no longer a threat he reloaded and shot some more.

The first was fine the second was not.

 

[Wet Blanket]

Not hard to understand as explained.

He shot until the suspect was down and no longer a threat.

Then when the guy was no longer a threat he reloaded and shot some more.

The first was fine the second was not.

The kid was on an empty streetcar with the cops at the doors. No way they had to shoot him, they had him contained.

 

[oldshadow]

The kid was on an empty streetcar with the cops at the doors. No way they had to shoot him, they had him contained.

I'm only going by what the court decided and it would seem they said the shooting was justified up until the reload.

 

[Wet Blanket]

I'm only going by what the court decided and it would seem they said the shooting was justified up until the reload.

When you read an account of events it's hard to understand why he was killed. Very upsetting.

 

[Viva]

His response was reasonable until he fired those 6 shots after Yatim went down.

It is frankly inexcusable, but isn't much of a shock as many cops seem to relish such acts of cruelty.