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

VIDEO: The SkeenaWild Film & Photo Festival in Terrace

The festival features visual work showcasing the Skeena region

Geotechnical work underway at proposed Ktimat propane terminal

The company that wants to build a propane export terminal at Kitimat… Continue reading

Depictions of nature, poetry and colour brighten up Terrace Art Gallery

The works of Joan Turecki and Stephen Mann will be displayed until Nov. 24

GALLERY: Remembrance Day 2018

100 year later, Terrace remembers

B.C. Legions in need of young members to continue aiding veterans into the future

Lest we forget what thousands of men and women did to fight for Canada’s freedoms – but without new membership, many Legion chapters face dwindling numbers

VIDEO: Amazon to split second HQ between New York, Virginia

Official decision expected later Tuesday to end competition between North American cities to win bid and its promise of 50,000 jobs

West Fraser to reduce sawmill production in Quesnel, Fraser Lake

The move will affect 75 employees in Quesnel, 60 in Fraser Lake

Kuhnhackl scores 2 odd goals as Isles dump Canucks 5-2

Vancouver drops second game in two nights

Stink at B.C. school prompts complaints of headaches, nausea

Smell at Abbotsford school comes from unauthorized composting operation

Fear of constitutional crisis escalates in U.S.; Canadians can relate

Some say President Donald Trump is leading the U.S. towards a crisis

B.C.-based pot producer Tilray reports revenue surge, net loss

Company remains excited about ‘robust’ cannabis industry

Canada stands pat on Saudi arms sales, even after hearing Khashoggi tape

Khashoggi’s death at Saudi Arabia’s consulate in Istanbul further strained Riyadh’s already difficult relationship with Ottawa

Feds pledge money for young scientists, but funding for in-house research slips

Canada’s spending on science is up almost 10 per cent since the Liberals took office, but spending on in-house research is actually down

‘Targeted incident’ leads to death of Quesnel man

One man died of life-threatening injuries on Nov. 8

Most Read