Constable James Forcillo arrives at a Toronto courthouse on July 28, 2016 to be sentenced for the attempted murder of 18-year-old Sammy Yatim in 2013. THE CANADIAN PRESS/Michelle Siu

Toronto cop convicted in death of teen seeks to appeal case to Supreme Court

Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife.

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 an incident that ignited public outrage after a bystander’s video came to light.

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 hail of bullets, 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.

In upholding Forcillo’s conviction and sentence, Ontario’s Court of Appeal found Forcillo’s second round of shots was “clearly 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.

Michael Lacy, Joseph Wilkinson and Bryan Badali 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.”

They are also contesting Forcillo’s initial six-year sentence, which was a year longer than the mandatory minimum.

Related: 2017: Appeal set for Const. James Forcillo, convicted in Sammy Yatim shooting

In their application to the court, the lawyers write that mandatory minimum sentences are intended to deter people from committing crimes.

But the lawyers argue that when someone carrying a firearm legally uses it in good faith — as they suggest Forcillo did — that person is not deterred because they believe they’re obeying the law and therefore would not go to prison.

The Crown has 30 days to respond to the application.

The court has said it takes an average of three months to decide on leave applications after they are filed.

Forcillo recently had six months added to his sentence after pleading guilty to perjury. He had also been charged with breaching the conditions of his bail while awaiting the Ontario Court of Appeal decision, along with obstruction of justice, but those charges were dropped after he entered the guilty plea.

Nicole Thompson, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

TNG block roads, question gov’t on moose hunt

Chief Joe Alphonse confirmed Thursday they’ve deactivated the Raven Lake Road and the Mackin Creek Road just before the Island Lake turnoff

UBCM passes historic resolution brought forth by CCRD

If the resolution is successfully realized, it will mean groundbreaking change for local governments

Bella Coola RCMP appeal for public’s help in wake of suspicious fires

Four suspicious fires in the span of four months prompted local RCMP to bring in fire specialist

Municipal spending outpaces population growth 4-fold in B.C.: report

Canadian Federation of Independent Business has released its annual operational spending report

Series of suspicious fires prompt Bella Coola RCMP to bring in special investigator

Police investigate four fires set between June and Sept. in 4-Mile

Fashion Fridays: Rock some animal print

Kim XO, lets you in on the latest fall fashion trends on Fashion Fridays on the Black Press Media Network

Legal society poster seeks complainants against two cops on Downtown Eastside

Pivot Legal Society became aware of allegations made against the officers after a video circulated

Jury to deliberate in case of Calgary man accused of murdering woman

Curtis Healy could be convicted of first-degree murder, second-degree murder or manslaughter

House arrest for man who abused disabled B.C. woman, then blamed her

‘Groomed complainant’ and ‘violated position of trust,’ judge says

Liberals want to know what Canadians think of legalized weed

The federal government will comb social media for Canadians’ pot-related behaviour

Ex-Trump lawyer Cohen boasts of aiding Mueller investigation

Cohen could provide information on whether Trump’s campaign co-ordinated with Russians

Landslide forces evacuations of Philippine villages

More than 1,200 people in villages near the landslide-hit area were forcibly moved by authorities

Students asked about the positive effects of residential schools

Alberta’s education minister apologized after hearing about the online social studies course

Permit to give B.C. deer birth control on hold until consultation with First Nations

Complexity of consultation will depend on level of First Nations support for the project

Most Read