Cop convicted in death of Sammy Yatim seeks to appeal case to Supreme Court
Const. James Forcillo leaves court in Toronto on Monday, May 16 , 2016, after a suspension in his sentencing hearing. THE CANADIAN PRESS/Chris Young
The Canadian Press
Published Tuesday, July 10, 2018 11:14AM EDT
A Toronto police officer convicted of attempted murder in the shooting death of a troubled teen on an empty streetcar is seeking leave to bring his case before Canada's top court.
Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife.
In 2016, a jury acquitted Forcillo of the more serious charge of second-degree murder related to the first volley of shots -- which killed the teen -- but found him guilty of attempted murder related to the second round, fired seconds later while Yatim was lying on his back.
Lawyers for Forcillo challenged the ruling but Ontario's top court dismissed the appeal in April, finding that the second round of shots was "unnecessary and excessive."
His legal team is now seeking to challenge the appeal court decision, arguing that the first and second volleys were "artificially" divided into two separate events, leading to the separate charges.
The lawyers are asking the Supreme Court to decide whether prosecutors were required to prove that the first and second rounds of shots were two different "transactions."
The Crown has 30 days to respond to the application. The court says it takes an average of three months to decide on leave applications after they are filed.