Toronto police Const. James Forcillo has been arrested for allegedly breaching the terms of his bail conditions.
The province’s Special Investigations Unit said the arrest was made Wednesday morning. He made a brief court appearance where he was remanded into custody.
Toronto police said Wednesday that Forcillo was charged with failing to comply with recognizance.
According to his lawyer, Peter Brauti, Forcillo broke a condition related to the terms of his house arrest.
Forcillo is supposed to be living with his wife, who is listed as his surety. However, Brauti said Forcillo and his wife are now going through a divorce and he is looking for a new home.
Brauti said Forcillo his was in the process of having his bail conditions changed, with a new residence listed with the court, and had hoped to have that amendment approved on Thursday.
He claims that Forcillo “turned himself in voluntarily as a result of the allegations.”
“Unfortunately, the toll of the trial and the end result ended up with a break in his marriage. His bail conditions were that he had to reside with his wife, who is now his ex-wife, which is obviously an uncomfortable situation for everyone,” Brauti said.
“As a result of checking on a new address to see if it was suitable, officer Forcillo was allegedly present at the address and shouldn’t have been. So in other words, he was at an address which we were hoping to have approved on Thursday but he would’ve had to wait until it was approved on Thursday to be there.”
Last year, Forcillo was acquitted of second-degree murder but convicted of attempted murder in connection with the death of 18-year-old Sammy Yatim.
The court heard that Forcillo was responsible for firing a second round of shots fired at Yatim after the teen was already fatally injured.
Forcillo was sentenced to six years in prison but has been out on bail while he appeals his conviction.
Those conditions were scheduled to expire on Oct. 1 but were recently extended until April of 2018.
A photo of Sammy Yatim is held by one of the teen's friends at a Toronto courthouse after the sentencing of Const. James Forcillo in Toronto on Thursday, July 28, 2016. (THE CANADIAN PRESS/Michelle Siu)
Brauti said the breach is more of a “technical breach” but could have a major or minor effect on “how things go forward.”
“It’s a bit of a complex issue because he’s before a court of appeal and he’s on a bail from that court already, and now he’s been arrested for a breach which means he goes before a justice of the peace in a different court and has to answer to the breach charge,” he said.
“He’s going to be held in custody at least in short term. There may or may not be a bail hearing that takes place on Friday.”
Yatim was fatally shot on a TTC streetcar in July of 2013. The teen’s death and subsequent release of video footage sparked prolonged public outrage about police brutality.
In his verdict, Ontario Superior Court Justice Edward Then called the video footage of Yatim on the streetcar a “powerful” piece of evidence.
Now, Forcillo is asking the appeal court to substitute a not-guilty verdict or order a new trial.
His lawyers are arguing that trial judge Edward Then was wrong to tell juror to interpret the two rounds of bullets fired by Forcillo as separate incidents.
They also want to be granted a suspended sentence by declaring the mandatory minimum sentence for attempted murder unconstitutional.
Barring that, he wants his sentence reduced to the minimum five years.
Justice Edward Then overlooks as Const. James Forcillo is handcuffed during the sentencing hearing on July 28, 2016. (Sketch by Pam Davies)
The lawyer for Sammy Yatim’s family, Ed Upenieks, told CP24 via phone that the news of Forcillo’s arrest took them all by surprise.
He said he hasn’t had a chance to discuss at length with Yatim’s father, Bill, but said the family feels Forcillo’s actions call his “respect for the legal system into question.”
“No one should breach their bail conditions, least of all a police officer,” Upenieks said. “So this shows a disregard for the legal system and I don’t know what the breach was specifically but it did appear that officer Forcillo didn’t consider the consequences of his actions.”
Former Toronto police homicide detective and CP24 crime specialist Steve Ryan re-arrest is “problematic” and could prompt a judge to decide to keep Forcillo in custody pending the appeal.
“It’s a court order, so when the court tells you that they’re going to release you, you have to abide by certain conditions,” Ryan said. “It’s very serious… The court allows you to get out and if you breach those conditions you go back into custody. Now he has to look to the court and asked to be released again. Often they say ‘You can’t be trusted,’ so it’s a problem.”
Forcillo is due in court again on Friday morning.
With files from the Canadian Press.
