GUILTY Canada - Sammy Yatim, 18, fatally shot by Toronto LE, 27 July 2013

That's interesting info bluesneakers -

An officer who points his Glock .40 calibre semi-automatic gun at a person three times within a rolling 12-month period is the trigger for the early warning system to kick in and issue an alert.

Forcillo testified that he pulled his weapon about 12 times in three-and-a-half years on the job.


http://news.nationalpost.com/news/c...ed-police-review-a-year-before-fatal-shooting

So in a total of 42 months, Forcillo drew his weapon 12 times - according to him. That's 3.5 times in a 12 month period.

Did he draw his weapon 3 or 4 times in his first year - the max for intervention? If not, then he drew his weapon an excessive amount of times in his second year - 2012, when he had less than three years on the job.

According to Forcillo's lawyer, no intervention or discipline ever happened. Either that is not true or something is wrong with the person Forcillo reported to.

Jmo.
 
Yatim searched Google for “how to commit suicide without pain” and “the easiest way to kill yourself.”

It's not surprising to me he would google suicide methods, but I don't think suicide-by-cop would show up anywhere on either of those searches.
 
Snipped...
..."What level of risk did Yatim pose to officers on the street?" asked Crown lawyer Milan Rupic.

"At that point in time, in my judgement, none," Warshaw answered. "I did not see or hear anything that indicated that there was an imminence to any sort of attack being perpetrated by Mr. Yatim."


Warshaw said Forcillo "made no effort to have any interaction" with Yatim to determine whether there was anything on the young man's mind that could be mediated at the scene.

Forcillo could have asked Yatim for his name, asked him what the problem was, and whether anyone could be called for him in an attempt to connect with the teen, Warshaw said.

Police officers at the scene could also have used pepper spray to distract Yatim, used an expandable baton, used a switch on the outside of the streetcar to close the vehicle's doors or even simply waited for a superior to arrive on scene with a Taser, Warshaw said, but the situation appeared to show "no action plan" and "no tactical thinking."

"All of those opportunities to de-escalate the situation just never materialized, there was no effort,"
he said.

Warshaw noted that Yatim remained on the streetcar, near the front doors of the vehicle, when police arrived on scene, and was "essentially already contained."

http://www.cp24.com/news/expert-t-o...reetcar-had-non-lethal-alternatives-1.2664561
 
Judge interrupts Forcillo jury deliberations to correct legal instructions

A key correction Justice Edward Then made this morning to his previous instructions is that the jury accepting Forcillo’s testimony — that he believed he had reasonable grounds to shoot Yatim — is not enough to acquit him.

The jury must still consider whether the shooting was objectively reasonable in the circumstances, Then said.

Another correction relates only to the charge of attempted murder. Then initially told the jury a third defence was applicable: the so-called “mistake of fact” relating to Forcillo’s assertion that, prior to the second round of shots, he saw Yatim sit up to a 45-degree angle. This is not supported by video evidence.

This might be good news.

I'm starting to get nervous every time I google.
 
Maybe the judge is reading some critiques of his instructions? What he doesn't want is grounds for the Crown to appeal.
 
Francis D'Souza ‏@cityfrancis 4m4 minutes ago
#BREAKING Verdict reached in Sammy Yatim murder trial. Waiting for court to resume
 
Imo, considering juries are loathe to convict LE when it comes to a shooting - it's not a bad compromise. But it is very much a compromise imo.

Feel the jury is upholding some of the existing use of lethal force laws, in that multiple shots like that are never called for, especially in a crowd that existed in this case. Where did that 9th bullet land?

Forcillo had other options he never attempted to employ - maybe the next jury will be more clearly instructed by an unbiased judge than I feel this one was. Pretty sure there will be a next jury with this verdict.

All jmo.
 
I'm quite sure there will be an appeal and I'm sure that this was a compromise.

IMO there was no need to shoot to kill. No effort was made to de-escalate the situation and quite frankly, with the number of police on scene at the time, there was no need to shoot at all.

I'm not saying that Sammy Yatim didn't deserve to be put in jail, because clearly he did. He was no saint in all of this.

If only everyone had taken a moment to think (and I believe there was time to think and options available), there would have been a totally different outcome.

I think Jury did what they had to do.
 
I suspect that the jury felt forced to make a compromise just to bring this to a conclusion, but the verdict makes me angry. I hope that the Crown appeals this decision. Attempted murder is not the same thing as shooting someone to death, at least not in my mind.
 
Peter Brauti, Forcillo's lawyer, said he has filed a "stay of proceedings," making the argument there has been an "abuse of process" in the conviction. Brauti added he was "concerned about a compromised jury" and said it was "trial by YouTube," referencing the online video of the shooting taken by a bystander.

I get that defense lawyers have to say something when a guilty verdict is handed down, but this statement has me scratching my head.
Brauti took part in selecting this jury knowing a video of the shooting had been taken by a bystander and was posted on-line soon after the event.
What does he want? Videos of police actions are here to stay.

Mike McCormack, head of the police union, said the verdict sends a "chilling message" to Toronto police officers. "We're going to continue to pursue justice for Forcillo," he said.

A guilty verdict by a 12 member jury is a chilling message? Justice still needs to be pursued? Meaning justice was not served? Fwiw, I find that statement chilling considering the source. The rules were followed here - it's not up to MM to make new ones.

http://www.cbc.ca/news/canada/toronto/james-forcillo-verdict-1.3414974
 
Tasering of Sammy Yatim after being shot might be a chargeable offence
Evidence given at the trial of Const. James Forcillo trial triggers new questions about police conduct at the scene of the streetcar shooting.

“Everything should be a given a review in the face of the evidence at trial,” said criminal defence lawyer Reid Rusonik, who, like all lawyers in this story, was not involved in the case.

“As Sammy Yatim lay on the floor of the streetcar, he did not pose any danger to anyone,” Rosenthal said.

“Thus, Tasering him was a completely unjustified assault. We cannot know if Mr. Yatim felt any effect of the Tasering as he died, but it was an assault in any event. If Mr. Yatim was actually dead by then, it would be an attempted assault. The officer should be charged.”

Another potential charge could be indignity to a body, he suggested, if it can be proven Pravica knew Yatim was dead before Tasering him.
 
O/T because this isn't about Forcillo and Yatim, but...

Four Toronto police officers charged with obstructing justice, perjury

Last fall, the conduct of a group of Toronto police officers was described by an Ontario judge as “egregiously wrongful.”

On Thursday, their alleged behaviour was put in criminal terms: perjury and obstruction of justice.
Four officers — two of them experienced major-crimes investigators — are facing a total of 17 charges stemming from a 2014 drug bust, after which a judge ruled police had “fabricated” a story that involved “planting” heroin in a car to justify a search.

Const. Jeffrey Tout, Det.-Const. Fraser Douglas, Det.-Const. Benjamin Elliott and Const. Michael Taylor are scheduled to appear in court on March 11. All are from downtown Toronto police divisions, and range in experience from nine to 17 years with Toronto police.

Video of Mark Saunders press conference and much more at the link.
 

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