NF - Toronto Police officer charged with 2nd degree murder

[BucktownAngler]

 

A Toronto police constable charged with second-degree murder in the shooting death of Sammy Yatim will be arrested Tuesday based on an arrangement between Ontario's Special Investigations Unit and the officer's lawyer.

After Const. James Forcillo turns himself in to the SIU, he will remain in custody and then appear before a justice of the peace at the Old City Hall courthouse, the SIU announced Monday after an arrest warrant was issued.

Once he is in custody, Forcillo is eligible to apply for bail "at any time," the SIU said in a news release.

 

The police watchdog is not revealing the location of the arrest because Forcillo has received threats, the news release says.

A little more than three weeks after the shooting, the SIU announced the charge and arrest plan Monday, saying its director, Ian Scott, has "reasonable grounds" to believe that the officer committed a criminal offence. The SIU has not revealed any of its evidence.

It is extremely rare for a murder charge to be laid against a police officer.

After the charge was announced, Yatim’s sister, Sarah Ann Yatim, tweeted: “The SIU charged the cop with 2nd degree murder!!! Good morning JUSTICE.”

So far, that has been the only response from the Yatim family, but it is scheduled to provide a written statement with its reaction at 4 p.m. A family friend said a news conference is expected to be held Wednesday.

Toronto Police Association president Mike McCormack, who previously urged people not to jump to conclusions after watching a witness' video of the shooting, said the facts will emerge now that the case is going before the courts.

“We’re very disappointed obviously in these charges,” McCormack told CP24 reporter Cam Woolley. “We’re not surprised but what we do is we stand by due process, and now that we’re into this process the charges are going to be before the courts. Let’s see where the evidence leads and let’s start talking about evidence and truth and facts instead of people just jumping to conclusions and having a subjective test and applying their own theories.”

Yatim's family has been calling for justice since he was fatally shot on a TTC streetcar at Dundas Street West and Bellwoods Avenue early July 27.

The 18-year-old man was wielding a knife inside the empty streetcar when he was shot by Forcillo, who was standing on the street with other officers near the streetcar’s open front door.

In a cellphone video recorded by a witness, nine gunshots are heard during the encounter. Three shots are fired initially, followed by six more shots about five seconds later.

In the video, it appeared the six additional shots were fired after Yatim had already fallen to the streetcar's floor.

Police are heard repeatedly shouting “drop the knife,” and a male voice is heard apparently taunting the officers before the shots were fired. The sound of a Taser is heard after the gunshots.

Witnesses said the streetcar came to a stop and people rushed off when Yatim brandished a knife. Police arrived a short time later.

 

Public outrage

After the video was posted on YouTube and repeatedly shown on news broadcasts, public outrage erupted over the handling of the incident, along with allegations of excessive force.

The officer-involved shooting led to protests attended by hundreds of people at Dundas and Bellwoods, Yonge-Dundas Square and in front of police headquarters on College Street.

Forcillo, a married father of two young children, is suspended with pay, pending the outcome of the case. If convicted, a charge of second-degree murder carries an automatic life sentence with no chance of parole for at least 10 years.

McCormack said the officer is "devastated" by the charge.

“This has not been an easy process for him," McCormack said. "It’s been a lose-lose situation for everybody, including our members who have to go through this.”

McCormack said the incident impacts morale within the service, but his members are dedicated and professional officers who should not be judged as a whole because of the shooting.

“Don’t use a broad brush to judge policing,” McCormack said. “This is one incident. Let’s judge that based on the evidence and the facts.”

Toronto police declined to comment on the charge.

Reviews underway

In addition to the SIU’s investigation, Toronto police Chief Bill Blair is doing his own review to find out if the officers complied with the service’s policies, procedures and training, and Ontario ombudsman Andre Marin is reviewing the kind of direction the province gives to police for de-escalating of conflict situations.

Retired judge Dennis O’Connor is assisting Toronto police in its review of its use-of-force guidelines while dealing with "emotionally disturbed" persons.

The SIU is an arm’s length agency that investigates reports involving police where there has been a death or serious injury.

Yatim family friend Joseph Nazar said he hopes no one else has to go through what the Yatim family is experiencing, as he called for changes to use-of-force tactics.

“Sammy wasn’t a combatant,” Nazar said, “He wasn’t a threat to anybody’s life. He was alone in that streetcar.”

 

http://www.cp24.com/news/officer-charged-in-yatim-s-death-to-be-arrested-tuesday-1.1417157

 

there's a video on youtube of the incident. im sure most have seen it

[misfish]

I watched the full video. He got what he deserved.The officer that is. What gets me,no other officer tried to stop him. No one yelled stop firing. Even when they boarded the street car,they taizzed him.

 

 

 

Here,s to justice.

[davey buoy]

I watched the full video. He got what he deserved.The officer that is. What gets me,no other officer tried to stop him. No one yelled stop firing. Even when they boarded the street car,they taizzed him.

 

 

 

Here,s to justice.

Bud,100% agreed!!!!!!!!!!!!!The 9 shots and the taser is what got me.No other cop even tried to stop him.Other than try and kick the shells under the car or wherever.

[Terry]

the guy had a knife, if he was shot twice don't believe there would be any charges

 

 

but this cop is a stone cold killer or crazy...maybe both

 

I saw a guy empty his clip into a deer and he thought he only fired once, so who knows what goes through ones mind when you shoot someone

[woodenboater]

I have friends in various levels of law enforcement and even this has me stunned. Some police haven't learned a thing even after the Edmund Yu inquiry (google this). Almost the exact same circumstances (ie-lone person in TTC vehicle). Most people saw Blair's statement the next day as basically saying the TPS messed up bad. I've seen some law enforcement (Boston) with very level heads in very tense situations and this officer was no where near their level. I know I'm judging him but he should NEVER wear a badge again. Ever.

[Burtess]

the guy had a knife, if he was shot twice don't believe there would be any charges

 

 

but this cop is a stone cold killer or crazy...maybe both

 

I saw a guy empty his clip into a deer and he thought he only fired once, so who knows what goes through ones mind when you shoot someone

 

 

Maybe the cop cracked who knows (I guess we will find out). Interesting that you still hear them yelling to "drop the knife" after the 9 shots rang out. Then they tazered him. We'll see how this one plays out in the courts.

 

Burt

[outllaw]

wow...shades of Detroit Michigan.

[Terry]

10 ...9 ...8

[Roy]

7...6...5

 

Let's be careful here. We only know what the media let us have. I only hope that justice will be served.

[Rustic-Fisher]

7...6...5

 

Let's be careful here. We only know what the media let us have. I only hope that justice will be served.

EXACTLY ,,,,,,,!

[Rizzo]

I'm generally the type of guy to give the policeman the benefit of the doubt...and even after the first 3 shots would have done so. But the next 6 are just sick, that is not self defense at all it is shooting to kill.

[ehg]

I'm generally the type of guy to give the policeman the benefit of the doubt...and even after the first 3 shots would have done so. But the next 6 are just sick, that is not self defense at all it is shooting to kill.

 

Think all the video evidence worked against this cop.

The kid had a 3 inch Swiss Army knife on empty streetcar..

[mukluk]

I was really surprised that the SIU even laid charges against the so called police officer in question.

Fiqured there would be about a years worth of reviews and new recommendations for the officers to follow and everything would just be forgotten.

I had ranked them (SIU); the same as our Senate which is a complete waste of tax payers money.

[vance]

my dad [30 year army vet who served all thru ww2 and korea ] told me when I wanted to get a gun that the first time you REALLY have to use it will change your life either for good or bad and you don't always make the correct decision on using it.I feel bad for both sides of this and I am sure the officer regrets his actions but it is done...

 

 

vance

[woodenboater]

exactly Vance. the courses of two lives have been altered forever.

[leaf4]

I was really surprised that the SIU even laid charges against the so called police officer in question.

Fiqured there would be about a years worth of reviews and new recommendations for the officers to follow and everything would just be forgotten.

I had ranked them (SIU); the same as our Senate which is a complete waste of tax payers money.

Look at what happened in Hamilton, 2 cops killed a man who was a friends relative and nothing has come of it from the siu or Hamilton police service

(Steve Mesic if you wanna look it up)

[Cookslav]

I have to agree with Roy on this...as much as 9 shots seems ridiculous at first glance we only know whats been released to us.

A cell phone video from 40 yards out with barely audible voices is not enough to be judge jury and executioner.

Not to mention we only get a peice of the puzzle...how long was the stand off from the moment Police arrived etc...

There are witnesses, they'll be questioned and we'll hear more as the case progresses.

While I have to admitt it looks pretty bad on the police, for all we know he may have been reaching into his jacket....

 

However a 2nd degree murder charge says there is enough evidence to warrant a trial.

The question I would ask is this,

Are they laying charges because there isn't enough evidence to dismiss the case given the very public nature of the event and grass roots push for justice

Or

Is there enough evidence to suggest he's a crazy thug killing vigilante

 

It'll come out in the wash when it goes to trial I s'pose

[Twocoda]

Cops have shot 5 Canadians so far in August killing three and messing up the other two for life.....i hope this cowboy pays dearly for his actions ...those of you who are feeling sorry for him need to watch the video again...the kid had mental problems....is this what those that are paid to protect us do to the sick people of our community? If this cop does have to serve life and is out in ten years....at least he will have a life to finish out on his own terms....why the hell is this cop "off with pay" and up on charges....thats Bull

[fishing n autograph]

Zero stopping power with a .40 cal Glock. There have been guys who keep going after being hit 12 times.

 

9 shots were fire only 3 hit him. No camera inside the street car and in some of the footage he appears to still be moving in such a way that he looks like he's slashing with the knife.

 

Also... The TPS threw him under the bus to appease the public so that there wouldn't be a riot. The SIU charged him because of public pressure but he won't be convicted of second degree murder. He will be acquitted.

 

What this has done is put a second guess into every cop when a matter of lethal force happens... IMHO this will impact not only the copper and deceased's families but the families of many other civilians and officers because the second thought will cause a moment of indecision putting lives at risk

[bow slayer]

Zero stopping power with a .40 cal Glock. There have been guys who keep going after being hit 12 times.

 

9 shots were fire only 3 hit him. No camera inside the street car and in some of the footage he appears to still be moving in such a way that he looks like he's slashing with the knife.

 

Also... The TPS threw him under the bus to appease the public so that there wouldn't be a riot. The SIU charged him because of public pressure but he won't be convicted of second degree murder. He will be acquitted.

 

What this has done is put a second guess into every cop when a matter of lethal force happens... IMHO this will impact not only the copper and deceased's families but the families of many other civilians and officers because the second thought will cause a moment of indecision putting lives at risk

seriously.there is no defending this cop,he fired 9 times at a kid with a jack knife...hope he gets what he deserves

[fishing n autograph]

A jack knife can easily puncture his vest. A 2 inch pen knife can go through a Kevlar vest and a rib cage.

 

Ask the two coppers in Barrie who took a 2 inch knife in their throats and see how deadly it is. The shot the suspect 20 times and he still kept coming

[irishfield]

Have a good look at the videos Dave.... another cop walks casually mid way between the shooter and the street car. With his back to the "threat" even. Shot from about 30 feet away, if he only hit him 3 times I hope others that are supposed to be "serving and protecting" have better aim. Bike cops turning their heads in shame as the last shots and taser are fired. There was nobody on the street car... were they saving him from stabbing himself?

[Twocoda]

Dave all due respect ...but seriously...this kid was sick... ...the prosecution should be going after every other officer for accessory to murder...if the shoe was on the other foot...everyone within a 500 meter radius of a downed officer would be going to jail...

[fishing n autograph]

Sick or not he had a knife. A mentally ill person with a knife is as dangerous as a normal person with a knife. A knife does more damage than a gun and is more accurate and lethal.

 

Anyway, I have seen the vids adnausium and armchair quarterbacked situation. Lots of things happened and didn't happen that night.

 

The stupid thing is that the cop walking with their back turned was the supervisor....

 

It's a terrible situation and yes it probably didn't have to go the way it did.

 

The videos don't show everything and I wasn't there.

 

Lives were ruined that night no doubt about it

Edited August 20, 2013 by FishnNAutographs

[Twocoda]

the cops up here last month went into a mans house and tazered him to death...siu was called and dismissed it....if the person that was killed didn't happen to be the son in law of the former police cheif...( who went irate over the dismissal ) the case would have been put to sleep and forgotten....double standards ?. The case is open again for a second review....oh and all 5 cowboys that went in are all suspended with pay....the screening process is flawed as to who can and should be a cop...