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Update: Forcillo may not stand trial until after summer 2015

The police officer who is accused of shooting and killing Sammy Yatim is also facing a new charge of attempted murder

Constable James Forcillo

The Toronto Police constable charged in the death of 18 year-old Sammy Yatim in July of 2013 may not stand trial until after next summer.

James Forcillo was not in court Wednesday, but a lawyer made a brief court appearance on his behalf and set a judicial pre-trial for September 22nd.

At that time a target trial date may be set, with Forcillo's lawyer expecting the trial itself to be scheduled for sometime after summer 2015.

The officer faces a charge of second degree murder in Yatim's shooting death on the Dundas streetcar last July.

Forcillo has also been formally charged with attempted murder, although it was not discussed in court Wednesday.

Const. Forcillo's lawyer Peter Brauti told the National Post that "it is obviously disappointing that he (Cst. Forcillo) is being pursued with new theories of the case more than a year after the events."

Toronto Police Association President Mike McCormack told Newstalk 1010's Bell Media partner CP24 that he believes the late charge suggests the Crown has a weak case.

RELATED LINKS:

http://www.newstalk1010.com/videos/2013/07/30/security-camera-police-shooting-with-sound

http://www.newstalk1010.com/videos/2013/07/29/police-shoot-18-year-old-sammy-yatim-at-bellwoods-and-dundas

http://www.newstalk1010.com/videos/2013/07/29/shooting-of-sammy-yatim-by-toronto-police

http://www.newstalk1010.com/videos/2013/07/30/mayor-on-the-yatim-shooting

http://www.newstalk1010.com/videos/2013/07/31/memorial-for-sammy-yatim

http://www.newstalk1010.com/videos/2013/08/01/emotions-run-hot-at-sammy-yatims-funeral

http://www.newstalk1010.com/videos/2013/08/12/chief-blair-on-yatim-shooting

http://www.newstalk1010.com/videos/2013/08/13/yatim-protest

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  1. franklin posted on 07/30/2014 06:47 AM
    What about taser man? Surely tasering a shooting victim, who has just been shot nine times, is a crime. What about the 20 accessories to murder?
    1. dama posted on 07/30/2014 07:09 AM
      @franklin I would be very surprsied if Forcillio is found guilty and here you are just looking at ONE case, the one that pumped 9 bullets into Yatim and you want the taserman and the rest of the cops who were there to be charged?

      I dont like what the SIU is doing by adding a new charge one year later, telling me that 2nd degree murder charge will not stick hence a fall back Plan B..

      tsk tsk tsk... smh
    2. Jim posted on 07/30/2014 07:49 AM
      @franklin God I hate it when people shoot their mouth off when they are factually wrong. To be an accessory to a crime one must first know that a crime is being committed. Then one must knowingly assist or aid the accused in some way.

      As for the officer who used the taser, even if criminal charges aren't warranted I do have to believe that there should have been some disciplinary action taken against him. Someone who has been shot 9 times likely is not a threat and to me the taser would seem to be unnecessary force.

      However, once the trial begins and the full story is laid out for all to see an honest judgement can be made.
    3. Jim posted on 07/30/2014 07:54 AM
      @dama I'm not sure if this is even a fall back position or simply public relations. Changing theories so far into an investigation is usually not a good sign for the prosecution. Makes me wonder what information the media has been made aware of in its rush to convict the officer to quell the public's call for blood. If nothing else, it would give me cause for reasonable doubt about the case against the officer.

      If he walks the Crown and SIU can go to the public and say "We tried our best".
    4. Karl Burgin posted on 07/30/2014 08:01 AM
      @Jim Hey Jimmy....how's life at Everest College? You done finishing off that paralegal certificate?? Or did you get sent back to the remedial classes for the intellectually handicapped like you did the last time?

      FORD MORE YEARS FORD MORE YEARS
      FORD MORE YEARS FORD MORE YEARS
      FORD MORE YEARS FORD MORE YEARS
      FORD MORE YEARS FORD MORE YEARS
    5. franklin posted on 07/30/2014 09:10 AM
      @dama A 2nd degree murder charge would ordinarily stick as intent, death, and other facts support this. But it looks like planned, possibly even programmed, early defence actions may have been built into this, indicating that charges should possibly and quite likely probably move up the chain. Add Ont's AG, the medical examiner and we see that some questions remain.
    6. franklin posted on 07/30/2014 09:12 AM
      @Jim we don't know what they knew
    7. Frankie posted on 07/30/2014 09:42 AM
      @franklin I believe the tasering was done in order to create a false story which we would have heard had it not been for the video.
    8. dama posted on 07/30/2014 09:53 AM
      @Jim If the evidence is based on the video, I doubt he will walk,, unless there are other videos that we have not seen that will show Forcillo's life was in danger hence he fired..

      I agree that it is not a good sign to add another charge at this time.. hence the Plan B for a lesser charge..

      The prosecutors need to treat this case with utmost care for the public is watching.... but statistic is not good for the SIU.. hence a slap on the wrist..
    9. Jim posted on 07/30/2014 12:07 PM
      @Karl Burgin Try Osgoode Hall Law School asshole
  2. Karl Burgin posted on 07/30/2014 07:42 AM
    He looks like George Zimmerman's twin brother.
    1. Angry Jill posted on 07/30/2014 07:47 AM
      @Karl Burgin No...he looks like someone who regrets not shooting himself after shooting Sammy Yatim.
    2. Jim posted on 07/30/2014 07:57 AM
      @Angry Jill Actually he looks like an officer being railroaded in order to quell the public's lust for blood. This sudden change in tactic makes me think something hasn't been made public that affects the possible outcome.
    3. Angry Jill posted on 07/30/2014 08:04 AM
      @Jim No...he looks like someone who regrets not shooting himself 9 times after shooting Sammy Yatim 9 times.
  3. Concerned Troll posted on 07/30/2014 07:53 AM
    The picture above should be an internet meme for "Sad Police Officer who wishes he shot himself immediately after shooting Sammy Yatim". LOL!

    HANDS DOWN! HANDS UP! HANDS DOWN! HANDS UP! HANDS DOWN! HANDS UP! HANDS DOWN! HANDS UP! HANDS DOWN! HANDS UP! HANDS DOWN! HANDS UP!
    1. Alex posted on 07/30/2014 12:34 PM
      @Concerned Troll *Heads down, hands up...
  4. Notapartytoanyparty posted on 07/30/2014 08:07 AM
    Put the bugger in jail. Let him rot. Put his lawyer there with him. Let them both rot. Set an example of him. Make an example of him. He was ill equipped to do the job. Get the hiring manager and the psych consultants that interviewed him for the hire and let them rot too. Also find the American consultants that came up to Canada and infected the police with the idea that "Muslims are crazy" and let him rot for poisoning the force. (Don't believe the US consultant story? It happened and it was a metro cop that told me about it.)

    Bill Blair should be left to rot too. He's been a disaster. A goat could run the police service better than this moronic oaf.

    I'm done.
    1. Jim posted on 07/30/2014 09:25 AM
      @Notapartytoanyparty God you are an idiot.

      Let's try something novel and wait until all the evidence is presented before we pass judgement !!!

      This new charge tells me something isn't so certain on the murder charge.
  5. What does posted on 07/30/2014 09:19 AM
    What does our law biding mayor say about this situation?
    1. Alex posted on 07/30/2014 12:39 PM
      @What does Likely the same stance he had while he was using. People like this 'public servant' are scum, and should be penalized as such.
  6. Starchild posted on 07/30/2014 09:35 AM
    I watched the video few times and in my opinion that was a public assassination. There was nobody on that street car other than this kid and technically he was in isolated area, meaning hard to escape. I would charge the other cops taking part in this killing without any problem. The video shows clearly the ignorance and inaction of the other cops. It was an unequal situation, over 10 cops armed with guns vs 18 old boy with a knife. It really makes me think what kind of chickens are these cops if they didn't even attempt to disarm this kid? Batons to hit the arm, pepper spray in the face? WTF!!!!?The other thing is that the police uses 9mm parabellum or .357" calibre bullets and they are designed for "low" speed" to produce high impact and shock in the subject. So even one bullet put in the right spot is enough to stop somebody and I believe at that short distance shouldn't be any problem. I think we should be more concerned about how the police reacts in these cases and how prepared they are for different situations. We should rise our voices before we end up in police state where you can be shot for anything. The other hand I have no problem with police to shoot down armed criminals with guns making troubles on the streets or populated area, but a young kid with a knife??
    1. dama posted on 07/30/2014 10:02 AM
      @Starchild Based on that video, many has concluded that Forcillo used excessive force and should be fund guilty.. but in law.. it is innocent until proven guilty..

      The police union lawyer representing Forcillio stated that there are more than that video, so there are more evidence/witnesses that defence will produce and that is their job.. so prosecutors have to present a stronger case to find a verdict of guilty.. then again, if it is not a jury case, just the judge.. Forcillio might walk..

      then Starchild , you can organise a revolt.. .
    2. Starchild posted on 07/30/2014 12:13 PM
      @dama "then Starchild , you can organise a revolt.. ."
      Maybe not. You need a strong nation willing to stick together to change things. We don't have this here. People care only about hokey and their stomach. See recent election as a proof.
      I just wrote down the way I saw this and as far as I'm concerned there is no way that somebody can justify 9 shots against 18 year old skinny kid with a knife in the hand surrounded with a dozen of cops. If this cop walks away then we have huge problem in this country and its legal system.
    3. dama posted on 07/30/2014 12:33 PM
      @Starchild I hear you.. we, Canadian are friendly people and we just "bitxhed" among ourselves.. unlike the Korean,and others.. , they will go to the street .. even in their parliament, they fought and threw chairs.. lol

      My take of this case:

      If it goes to jury then there is a chance of conviction,,
      if it is only by the judge,, then he might walk,,

      Then you can start/organise a small revolution..Yatim's sister will do that.. lol
  7. Frankie posted on 07/30/2014 09:40 AM
    Contrast this tragedy with the recent situation involving a cop in distress that was armed and trained to kill. The cops managed to talk him down without firing a shot and no one got hurt.

    I hope the prosecution uses this as an example of proper policing vs Forcillo's actions which appear to be 2nd degree murder.
    1. Jim posted on 07/30/2014 12:12 PM
      @Frankie And what about the cases where cops waited and the psycho started killing people?
    2. Frankie posted on 07/30/2014 01:15 PM
      @Jim Did you see the video? He had a knife and was alone on the streetcar. Cops had their backs to him so those cops weren't concerned. They were far enough away from him that if he attempted to run towards them with the knife they could have shot him. Forcillo kept firing after Yatim was down. My comments are based specifically on this case so please do the same.
  8. KenUBelievit posted on 07/30/2014 10:44 AM
    I will be very surprised if this power hungry lowlife gets convicted of anything. The legal system is skewed to allow cops get away with any crime. Just think about it. They can shoot you if you fail to do exactly what they tell you and they are quite within their rights to do so. He will get off because we have one screwed up legal system. I say legal system not justice system because there is no such thing as a justice system and don't expect to find any justice in our "legal system".
    1. Jim posted on 07/30/2014 12:11 PM
      @KenUBelievit And what kind of system would you propose? Anarchy? The Law of the Jungle?

      Please give your head a shake. Someone has to be given the authority and power to enforce societies rules. Is it perfect? No, but it beats the alternatives.
    2. Starchild posted on 07/30/2014 12:25 PM
      @Jim "@KenUBelievit And what kind of system would you propose? Anarchy? The Law of the Jungle?"
      ...and you really believe that there is no in between tyrannical dictatorships and anarchy with law of jungle?
      Reason we are living in this kind of society because people can't think for themselves and they rather subordinate to dictatorship "offered" by governments. According to you is it perfectly fine that police can shoot you if you don't do what they ask for? Is that policing or police state?
    3. KenUBelievit posted on 07/30/2014 02:59 PM
      @Jim I would propose that cops be held to the same laws the rest of us are held to. I guess the most obvious example would be that when a crime is being committed against a citizen that citizen is only allowed to use the minimum force required to defend ourselves. Cops routinely assault and injure people (suspects) after they are no longer a threat to anyone. Keep in mind our legal system says an individual is innocent until proven guilty in a court of law. Cops believe they are judge, jury and executioner.
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