View source for Biography:Death of Sammy Yatim

{{infobox news event
| title = Death of Sammy Yatim
| image = SammyYatimGraffitiStreet.jpg
| image_name =
| caption = Graffiti on a Toronto sidewalk in memory of Sammy Yatim, July 31, 2013.
| date = {{start date|2013|07|27}}
| time = Just after 12:00AM
| place =  Dundas Street and Bellwoods Avenue, Toronto, Ontario, Canada
| coordinates= {{coord|43|39|03.3|N|079|24|46|W|region:CA-ON|display=inline,title}}
| also known as =
| cause =
| first reporter =
| filmed by =
| participants = James Forcillo (shooter)
| outcome =
| reported injuries =
| reported death(s) = Sammy Yatim
| burial =
| inquiries =
| inquest =
| coroner =
| suspects =
| charges = Second degree murder<br />Attempted murder
| verdict = 
| convictions = Attempted murder
| sentence = 6 years in prison<ref name=":2" />
| publication bans =
| litigation = $8-million lawsuit filed against Toronto Police Service by Sammy Yatim's family<ref name=lawsuit>Hough, Jennifer. [http://news.nationalpost.com/2014/07/23/sammy-yatims-family-sues-toronto-police-for-8-million-for-using-excessive-force-the-night-of-streetcar-shooting/ Sammy Yatim’s family sues Toronto police for $8-million for using ‘excessive’ force the night of streetcar shooting], ''National Post'', July 23, 2014.</ref>
| awards =
| website = <!-- {{URL|example.com}} -->
| notes =
}}

The '''death of Sammy Yatim''' occurred early in the morning of July 27, 2013, in Toronto, Ontario, Canada. Yatim, an 18-year-old Toronto male armed with a [[Engineering:Switchblade|switchblade]] knife, was shot at nine times, and was hit by eight of the shots fired by 30-year-old Toronto Police Service (TPS) officer James Forcillo. He later died from the injuries.<ref>{{Cite web|url = https://www.thestar.com/news/crime/2013/08/24/who_was_sammy_yatim.html|title = Who was Sammy Yatim?|date = August 24, 2013|accessdate = 2014-07-30|website = The Star|publisher = |last = Alamenciak|first = Tim}}</ref> The incident occurred after Yatim, brandishing a {{convert|12|cm|in|abbr=on}} switchblade knife in a Toronto streetcar,<ref name="National Post Staff Posted: November 20, 2015 Last Updated: Jan 25 2:33 PM ET">{{cite news|author=National Post Staff Posted: November 20, 2015 Last Updated: Jan 25 2:33 PM ET | url=https://www.thestar.com/news/gta/2013/07/30/sammy_yatim_this_is_a_tragedy_for_all_involved_family_says.html |title=A violent end: Tracing Sammy Yatim’s standoff with Toronto police:The Final Minutes:How it all began; National Post |publisher=nationalpost.com |date= November 20, 2015|accessdate=2016-01-31}}</ref> advanced on a passenger,<ref name="CBC News Posted: Dec 22, 2015 11:54 AM ET Last Updated: Dec 22, 2015 1:17 PM ET">{{cite news|author=CBC News Posted: Dec 22, 2015 11:54 AM ET Last Updated: Dec 22, 2015 1:17 PM ET|url=http://www.cbc.ca/news/canada/toronto/james-forcillo-defence-closing-1.3376542 |title=Sisters feared knife-wielding Sammy Yatim aboard streetcar, court hears; Canadian Broadcasting Corporation |publisher=cbc.ca |date= December 22, 2015|accessdate=2016-01-31}}</ref> threatened other passengers, and exposed himself.<ref>{{cite news|url=http://news.nationalpost.com/news/canada/a-violent-end-tracing-sammy-yatims-standoff-with-toronto-police |title=Sammy Yatim: ‘This is a tragedy for all involved,’ family says &#124; Toronto Star |publisher=Thestar.com |date= July 30, 2013|accessdate=2013-08-02}}</ref> The confrontation between Yatim and the police was recorded and footage of it was released publicly, prompting strong reactions across Canada.<ref>{{Cite web|title = Sammy Yatim murder charge sparks strong reaction among Canadians - Your Community|url = http://www.cbc.ca/newsblogs/yourcommunity/2013/08/sammy-yatim-murder-charge-sparks-strong-reaction-from-canadians.html|website = CBC News|access-date = 2016-01-25|first = Lauren|last = O'Neil}}</ref>

On August 19, 2013, Forcillo was charged with second-degree murder. On July 30, 2014, he was also charged with attempted murder. On January 25, 2016, he was found not guilty of second-degree murder and manslaughter, but guilty of attempted murder.<ref name=":0">{{Cite news|title = Toronto police officer found not guilty of second-degree murder and manslaughter after firing two volleys of shots at knife-wielding 18-year-old in empty streetcar.|url = https://www.thestar.com/news/crime/2016/01/25/jury-returns-in-murder-trial-for-const-james-forcillo-charged-in-shooting-death-of-sammy-yatim.html|newspaper = The Toronto Star|date = 2016-01-25|access-date = 2016-01-25|issn = 0319-0781|first = Alyshah|last = Hasham}}</ref> On July 28, he was sentenced to six years in prison.<ref name=":2">{{cite news|url=http://www.cbc.ca/news/canada/toronto/james-forcillo-sentencing-1.3698183|title=Toronto officer sentenced to 6 years in streetcar shooting death of teen|last=|first=|date=28 July 2016|work=CBC News|access-date=|via=|last1=Lupton|first1=Andrew|accessdate=28 July 2016}}</ref> The next day, he was granted bail pending an appeal of the court's sentence.<ref name="cbc-appeal">{{cite news|title=Toronto police officer guilty in fatal streetcar shooting released on bail pending appeal|url=http://www.cbc.ca/news/canada/toronto/forcillo-bail-hearing-day-2-1.3699764|accessdate=30 July 2016|work=CBC News|date=29 July 2016}}</ref>  This incident was the only time an on-duty Ontario officer was charged and convicted in the death of a person since the inception of the Special Investigations Unit (SIU) in 1990.<ref>{{Cite web|url=http://www.cbc.ca/news/canada/ottawa/abdirahman-abdi-siu-investigation-video-evidence-1.3700715|title=Why video now plays a major role in probes of deaths linked to police|last=Long|first=Jamie|date=2016-07-30|website=|publisher=CBC News|access-date=2016-07-30|at=para. 6}}</ref>

==Shooting==
At 10:30 pm on July 26, Sammy Yatim boarded a subway,<ref>Alamenciak, Tim. [http://www.thespec.com/news-story/4727970-for-sammy-yatim-s-father-horrible-nightmare-continues/ For Sammy Yatim’s father, ‘horrible nightmare’ continues], ''The Hamilton Spectator'', July 31, 2014.</ref> and then later boarded a streetcar around 11:45pm<ref>Mehta, Diana. [http://www.ctvnews.ca/canada/sammy-yatim-shooting-death-on-toronto-streetcar-shown-in-court-1.2620119 Sammy Yatim shooting death on Toronto streetcar shown in court], ''CTV News'', October 21, 2015</ref> on the 505 Dundas line. Sometime afterwards, he drew his {{convert|12|cm|in|abbr=on}} switchblade knife,<ref name="National Post Staff Posted: November 20, 2015 Last Updated: Jan 25 2:33 PM ET"/> attacked a passenger,<ref name="CBC News Posted: Dec 22, 2015 11:54 AM ET Last Updated: Dec 22, 2015 1:17 PM ET"/> and told other passengers to remain on the streetcar, reportedly acting aggressively towards other passengers.<ref name="nationalpost_08192013">{{Cite news |author=Visser, Josh |date=August 19, 2013 |title=Toronto police officer charged with second degree murder in streetcar shooting death of Sammy Yatim |url=http://news.nationalpost.com/2013/08/19/toronto-police-officer-charged-with-second-degree-murder-in-streetcar-shooting-death-of-sammy-yatim/ |publisher=The National Post |accessdate=August 20, 2013}}</ref> Frightened, the passengers promptly tried to escape. Yatim then revised his demands, ordering everyone off the streetcar. He began to approach the driver of the vehicle but stopped to shout obscenities at the crowd gathering outside. The driver of the streetcar remained at the controls until shortly before police arrived.<ref name="metronews07312013" />

A passenger and witness said that upon boarding the streetcar he initially noticed Yatim sitting at the back, across from a group of teenage girls.<ref name="metronews07312013">{{cite web|last=Torstar |first=Staff |url=http://metronews.ca/news/toronto/754223/sammy-yatim-wasnt-a-real-threat-streetcar-witness-says/ |title=Tourist recounts Sammy Yatim’s behaviour on Toronto streetcar &#124; Metro |publisher=Metronews.ca |date=2013-07-31 |accessdate=2013-08-04}}</ref>   He later heard giggling from the back of the streetcar followed by a scream, then saw Yatim brandishing a knife as the girls ran past him toward the front doors.<ref name="metronews07312013" /> According to two other witnesses, Yatim seemed irate, mentally unstable, and oblivious to others' presence, holding his exposed genitals in one hand and a knife in the other.<ref name="star_doyle_08012013">{{cite news|url=https://www.thestar.com/news/gta/2013/07/31/streetcar_witness_says_crazedlooking_sammy_yatim_wasnt_a_real_threat.html |title=Sammy Yatim ‘wasn’t stable,’ says witness on streetcar &#124; Toronto Star |publisher=Thestar.com |date=2013-07-18 |accessdate=2013-08-02}}</ref><ref name="metronews07312013" />

Police arrived at the scene. At the front of the vehicle, Constable James Forcillo of the Toronto Police Service called for a [[Engineering:Taser|Taser]], believing the situation "could be contained".<ref name="nationalpost_08192013" /> According to videos of the incident, police ordered Yatim to drop the knife several times and warned him not to "take one step in this direction". After Yatim started advancing towards the police armed with a knife, Forcillo fired three shots, forcing Yatim to the ground. When Yatim started to get up, several seconds later, Forcillo fired six more shots.  Approximately 30 seconds later, Forcillo's Sergeant, Dan Pravica [[Engineering:Taser|Taser]]ed Yatim.<ref name="nationalpost_08192013" /><ref name="ottsun08222013">{{Cite news |author=Warmington, Joe |date=August 22, 2013 |title=8 of 9 shots fired at Sammy Yatim hit the teen |url=http://www.ottawasun.com/2013/08/22/8-of-9-shots-fired-at-sammy-yatim-hit-the-teen |publisher=Ottawa Sun |accessdate=August 22, 2013}}</ref><ref name="globmailtaser">{{Cite news |author=Kari, Shannon |date=December 16, 2015 |title=Toronto officer says he tased Sammy Yatim to get medical help faster |url=https://www.theglobeandmail.com/news/toronto/toronto-officer-says-he-tased-sammy-yatim-to-get-medical-help-faster/article27794484/ |work=The Globe and Mail |accessdate=April 4, 2016}}</ref>

It was later determined that eight of the nine shots fired hit Yatim, and the initial salvo of three shots had killed Yatim almost instantly. Surveillance video indicates that Yatim was lying on the deck when the last six shots were fired.<ref name="ottsun08222013" /><ref>[http://metronews.ca/news/toronto/752820/new-video-appears-to-show-sammy-yatim-already-on-ground-during-last-six-shots/ New video appears to show Sammy Yatim already on ground during last six shots], ''MetroNews.ca'', July 30, 2013.</ref>

Yatim was transported and later pronounced dead at St. Michael's Hospital.<ref>{{Cite news|title = Sammy Yatim, 18, is identified by friends as the person slain after late-night knife confrontation.|url = https://www.thestar.com/news/crime/2013/07/28/man_dies_in_street_showdown_with_police.html|newspaper = The Toronto Star|date = 2013-07-28|access-date = 2016-01-25|issn = 0319-0781|first = Robin Levinson|last = King|first2 = Nicholas|last2 = Keung}}</ref>

==Backgrounds==

===James Forcillo===
James Forcillo was born December 30, 1982, in {{wipe|Montreal}}, Quebec. He is a second-generation Italian Canadian.<ref>{{cite web|url=http://www.torontolife.com/informer/features/2014/08/14/the-killing-sammy-yatim/?page=all#tlb_multipage_anchor_1|title=The Killing of Sammy Yatim|work=Toronto Life}}</ref><ref name=globeandmail>[https://www.theglobeandmail.com/news/toronto/portrait-of-an-officer/article13993250/ "A look at the life of James Forcillo, the officer charged in Toronto's streetcar shooting", by Kathryn Blaze Carlson, ''The Globe and Mail'']</ref> He was a constable with six years on the force at the time of the shooting.<ref name="star07292013">{{Cite news |author=Tepper, Sean |date=July 29, 2013 |title=Sammy Yatim: Officer in streetcar shooting suspended |url=https://www.thestar.com/news/gta/2013/07/29/sammy_yatim_police_chief_blair_to_comment_on_streetcar_shooting.html |publisher=Toronto Star |accessdate=August 21, 2013}}</ref> He graduated from a justice program at East Los Angeles College in Monterey Park, California, United States, and received a psychology degree from York University in Toronto. He worked as a security guard in Toronto, and then was employed as a court services officer for three years. Up until Yatim's death, he worked as a patrol officer for three years.<ref name=globeandmail/>

===Sammy Yatim===
Sammy Adib Yatim was an ethnic Aramean born on November 5, 1994, in Aleppo, [[Place:Syria|Syria]].  He emigrated to Toronto from Aleppo, Syria, with his family in 2008.<ref name="cbc07312013">{{Cite news |author=CBC News |date=July 31, 2013 |title=Toronto streetcar shooting changes 2 lives forever |url=http://www.cbc.ca/news/canada/toronto/story/2013/07/31/toronto-police-streetcar-shooting-yatim.html |publisher=Canadian Broadcasting Corporation |accessdate=August 21, 2013}}</ref> He had recently graduated from Brebeuf College School in North York, Toronto and had told a friend he intended to focus on his education.<ref name="cbc07312013" />

It is unclear what provoked Yatim's behaviour the night he was shot. His family said that he had no history of mental illness or violence.<ref name="star08192013">{{Cite news |author=Pagliaro, Jennifer |date=August 19, 2013 |title=Sammy Yatim: Timeline of events after teen shot dead |url=https://www.thestar.com/news/crime/2013/08/19/sammy_yatim_timeline_of_events_after_teen_shot_dead.html |publisher=Toronto Star |accessdate=August 21, 2013}}</ref>  He had "moderate to moderately high levels of ecstasy in his system at the time of his death, as well as marijuana and a trace amount of [[Biology:Cocaine|cocaine]]" according to the autopsy report.<ref>''The Toronto Star'', October 20, 2015, [https://www.thestar.com/news/crime/2015/10/20/murder-trial-begins-for-const-james-forcillo-in-sammy-yatim-shooting.html Murder trial begins for Const. James Forcillo in Sammy Yatim shooting]</ref>

== Aftermath ==
In July 2014, an $8-million lawsuit was filed against Toronto Police Service by Yatim's family.<ref name="lawsuit" /> The shooting and subsequent investigation and trial raised questions about police accountability in Toronto.<ref>{{Cite web|url = https://www.thestar.com/opinion/commentary/2013/07/30/sammy_yatim_shooting_puts_police_accountability_front_and_centre.html|title = Sammy Yatim shooting puts police accountability front and centre?|date = July 30, 2013|accessdate = 2014-12-18|website = The Star|publisher = |last = Levin|first = Jamie}}</ref>

==SIU response and criminal trial==
As the event was recorded on cellphone camera and posted on YouTube by Markus Grupp <ref>{{Citation|last=Markus Grupp|title=[New video] Toronto Police shoot Sammy Yatim on TTC street car|date=2013-07-27|url=https://www.youtube.com/watch?v=Pi4In494rAg|access-date=2019-06-28}}</ref> and Martin Baron<ref>{{Citation|last=Martin Baron|title=Police shoot 18 year old Sammy Yatim at Bellwoods and Dundas, Toronto|date=2013-07-26|url=https://www.youtube.com/watch?v=PuItH2raahg|access-date=2019-06-28}}</ref>, it received international coverage and attention as a potential use of excessive force by the Toronto Police.<ref>{{cite news|author=|date=July 30, 2013  |url=http://www.cbc.ca/news/canada/toronto/story/2013/07/30/toronto-yatim-family-statement.html |title=Yatim family 'heart-broken, confused' over teen's death - Toronto - CBC News |publisher=Cbc.ca |accessdate=2013-08-02}}</ref> It also triggered protests, with one temporarily blocking traffic on Dundas street downtown.<ref>[https://www.theglobeandmail.com/news/toronto/renewed-protests-planned-in-toronto-over-sammy-yatim-shooting/article13625011/ "Renewed protests planned in Toronto over Sammy Yatim shooting", by Vidya Kauri, ''The Globe and Mail'']</ref>

On August 8, the Ontario Ombudsman, André Marin, launched a review of police tactics for defusing heated situations, in the wake of public outcry over Yatim's death. The decision was criticized by the Toronto Police Association as a grandstanding political move, and the review as too vague in its goals.<ref name="Gallant">{{cite news|url=https://www.thestar.com/news/canada/2013/08/09/sammy_yatim_shooting_ombudsman_calls_look_at_deescalation_techniques_a_winwin.html|title=Sammy Yatim shooting: Ombudsman calls look at de-escalation techniques a ‘win-win’|last=Gallant|first=Jacques|date=9 August 2013|work=Toronto Star|accessdate=12 August 2013}}</ref>

=== Internal review ===
On August 12, Toronto police chief Bill Blair announced he had enlisted former Associate Chief Justice of Ontario, Dennis O'Connor, to conduct an internal review of the use of force by police, and recommend ways police can better respond to situations involving the mentally unstable.<ref name="Bosanac">{{cite news|url=http://news.nationalpost.com/2013/08/12/toronto-police-chief-enlists-retired-judge-to-examine-police-use-of-force-after-fatal-streetcar-shooting/|title=Toronto police chief enlists retired judge to examine police use of force after fatal streetcar shooting|last=Bosanac|first=Alexandra|date=12 August 2013|work=National Post|accessdate=13 August 2013}}</ref>  On August 28, however, O'Connor withdrew from the police probe due to a potential conflict of interest.<ref name="Carlson">{{cite news|url=https://www.theglobeandmail.com/news/toronto/oconnor-withdraws-from-police-probe-amid-controversy-over-his-appointment/article14012958/|title=O’Connor withdraws from police probe amid controversy over his appointment |last=Carlson|first=Kathryn Blaze|date=28 August 2013|work=The Globe and Mail|accessdate=28 August 2013|location=Toronto}}</ref>

There is no known investigation into the use of the Taser in the incident or into videos which allegedly show a police officer kicking shell casings inside the yellow police tape at the scene of the shooting.<ref name="ottsun08222013" />

=== Arrest ===
On August 19, the Ontario Special Investigations Unit (SIU) announced that an arrest warrant had been issued for Forcillo. He was charged with second-degree murder. Forcillo surrendered on August 20. If convicted, the minimum sentence is life imprisonment without parole eligibility for at least ten years.<ref>[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-426.html#h-274 Criminal Code<!-- Bot generated title -->]</ref>

Free on $510,000 bail, Forcillo was not required to appear at the next stage of his preliminary hearing on December 11. Toronto police stayed a disciplinary charge of discreditable conduct under the Police Services Act of Ontario until the criminal trial has finished.<ref>{{cite web|url=http://www.citynews.ca/2013/11/07/disciplinary-charge-of-cop-in-sammy-yatim-death-on-hold/|title=Disciplinary charge of cop in Sammy Yatim death on hold|work=CityNews}}</ref> Despite this, Forcillo returned to work, but he did not have a firearm nor did he wear a TPS uniform. Michael McCormack responded by saying "the situation is not unusual for officers who have been suspended."<ref name=autogenerated1>{{cite news| url=http://www.cbc.ca/news/canada/toronto/sammy-yatim-killing-const-james-forcillo-back-at-work-with-tps-1.2620255 | work=CBC News | title=Sammy Yatim killing: Const. James Forcillo back at work with TPS - Toronto - CBC News}}</ref>

On June 17, 2014, the preliminary inquiry ended with judge Richard LeDressay ordering Forcillo to stand trial in 2015. Evidence presented in the inquiry is under a publication ban. Forcillo continued to serve as a Toronto Crime Stoppers administrator.<ref>[http://news.nationalpost.com/2014/06/17/toronto-cop-james-forcillo-to-go-on-trial-for-second-degree-murder-in-streetcar-shooting-of-sammy-yatim/ "Toronto cop James Forcillo to go on trial for second-degree murder in streetcar shooting of Sammy Yatim", by The Canadian Press, via ''The National Post'']</ref>

On July 30, 2014, Crown prosecutors added the charge of attempted murder "by shooting [Yatim] with a firearm and thereby wounding him."<ref>[https://www.theglobeandmail.com/news/toronto/toronto-officer-faces-extra-charge-in-sammy-yatim-shooting-case/article19842274/ "Toronto officer faces extra charge in Sammy Yatim shooting case", by The Canadian Press, via ''The Globe and Mail'']</ref>  Legal experts said the second charge was a highly unusual strategy.<ref>{{Cite web|title = Attempted murder charge in Forcillo trial continues to puzzle legal experts|url = https://www.theglobeandmail.com/news/toronto/attempted-murder-charge-in-forcillo-trial-continues-to-puzzle-legal-experts/article20781864/|website = The Globe and Mail|access-date = 2016-01-25}}</ref>

=== Trial ===
Lawyers on both sides of Forcillo's trial began making pre-trial motions in the Toronto Courthouse on September 14, 2015. Jury selection began on September 30, 2015.<ref>{{Cite web|title = Trial begins for officer charged with murder in Sammy Yatim shooting|url = http://www.cp24.com/news/trial-begins-for-officer-charged-with-murder-in-sammy-yatim-shooting-1.2562852|website = CP24|access-date = 2016-01-25}}</ref>

==== Prosecution ====
During the trial, presided over by Justice Edward Then,<ref name=":0"/> the prosecution put forward the theory that Forcillo had over-reacted and "lost his cool" in his decision to fire at Yatim.<ref>{{Cite news|title = Yatim's great mistake was 'mocking you and thinking he could get away with it,' Crown attorney tells accused in court Monday.|url = https://www.thestar.com/news/crime/2015/11/30/cop-lost-his-cool-in-killing-sammy-yatim-crown-tells-forcillos-murder-trial.html|newspaper = The Toronto Star|date = 2015-11-30|access-date = 2016-01-25|issn = 0319-0781|first = Jacques|last = Gallant}}</ref> A former police chief testifying as a use of force expert said he believed Yatim provided no imminent threat requiring the use of deadly force by Forcillo.<ref>{{cite web|url=http://www.cbc.ca/news/canada/toronto/warshaw-testifies-at-forcillo-trial-1.3324849.|title=Use-of-force expert critical of police tactics during Sammy Yatim shooting|date=18 November 2015|publisher=}}</ref> In cross examination, the prosecution asked Forcillo why he had not put more effort into de-escalating the situation to avoid violence. Forcillo responded that pulling out his firearm in response to Yatim's knife was "a form of de-escalation".<ref>{{cite news|title=James Forcillo tells court pointing firearm at Sammy Yatim was 'a form of de-escalation'|url=http://www.cbc.ca/news/canada/toronto/james-forcillo-sammy-yatim-shooting-trial-1.3339676|agency=Canadian Press|publisher=CBC News|date=Nov 27, 2015}}</ref>

==== Defence ====
Forcillo argued that he was acting in self-defence both times he fired his weapon.<ref name=":0"/> In testifying in his own defense, Forcillo explained that he followed standard police procedure, and believed Yatim to be a threat when he repeatedly ignored his orders to "drop the knife" and instead proceeded to advance towards him.<ref>{{cite web|url=http://www.cbc.ca/news/canada/toronto/forcillo-testimony-1.3337755|title=James Forcillo says Sammy Yatim was unafraid, 'unreasonable' before fatal shooting|date=26 November 2015|publisher=}}</ref> In support of the defense, a police college instructor testified that Forcillo was out of options the night he shot Yatim.<ref>{{cite web|url=https://www.thestar.com/news/gta/2015/12/21/police-college-instructor-says-const-james-forcillo-out-of-options-night-he-shot-sammy-yatim.html|title=Police college instructor says Const. James Forcillo out of options night he shot Sammy Yatim|date=21 December 2015|work=thestar.com}}</ref> Passengers on the streetcar also testified their experiences of fear, terror and chaos when Yatim threatened them with his knife.<ref>{{cite web|url=https://www.thestar.com/news/crime/2015/12/22/sammy-yatim-murder-trial-hears-witness-tell-of-terror-chaos-on-streetcar.html|title=Sammy Yatim murder trial hears witness tell of terror, chaos on streetcar|date=22 December 2015|work=thestar.com}}</ref>

==== Verdict and sentence ====
On January 25, 2016, the jury found Forcillo not guilty of second degree murder and manslaughter, but guilty of attempted murder.<ref name=":0"/> The jury accepted the defence's argument that Forcillo was justified in firing the first three shots, but found him not justified in the second round of shots, thus guilty of attempted murder.<ref>{{Cite web|title = Toronto constable guilty of attempted murder in 2013 streetcar shooting of teen|url = http://www.cbc.ca/news/canada/toronto/james-forcillo-verdict-1.3414974|website = CBC News|access-date = 2016-01-25}}</ref><ref name=":1">{{Cite web|title = Toronto Const. James Forcillo guilty of attempted murder of Sammy Yatim|url = https://www.theglobeandmail.com/news/toronto/verdict-forcillo-guilty/article28370386/|website = The Globe and Mail|access-date = 2016-01-25|last = Kari|first = Shannon|date = 2016-01-25}}</ref> The verdict meant Forcillo faces a four-year minimum sentence.<ref name=":1" /><ref>{{Cite news|title = Forcillo guilty of attempted murder in shooting death of Sammy Yatim|url = https://www.thestar.com/news/crime/2016/01/25/jury-returns-in-murder-trial-for-const-james-forcillo-charged-in-shooting-death-of-sammy-yatim.html|newspaper = The Toronto Star|date = 2016-01-25|access-date = 2016-01-25|issn = 0319-0781|first = Alyshah|last = Hasham}}</ref>

Forcillo challenged the minimum sentence law and his conviction, in arguments heard in May 2016.<ref>{{cite web |last1=HASHAM |first1=ALYSHAH |title=Forcillo's 5-year mandatory minimum could go to Supreme Court - The Star |url=https://www.thestar.com/news/crime/2016/01/27/forcillos-5-year-mandatory-minimum-could-go-to-supreme-court.html |website=thestar.com |language=en}}</ref> After the defence was granted a postponement to prepare on May 16, the legal challenge began May 18, expected to last two or three days, followed by the sentencing hearing over another two. The defence sought house arrest, and the Crown sought eight to ten years in prison.<ref>[http://www.cbc.ca/news/canada/toronto/forcillo-yatim-sentencing-house-arrest-1.3583812 "Sentencing hearing postponed for Const. James Forcillo, convicted in streetcar shooting", by Canadian Press, via CBC]</ref> At the conclusion of the hearing on May 26, judge Ed Then said he would announce Forcillo's sentence on July 29.<ref>[http://www.torontosun.com/2016/05/26/forcillo-sentence-to-be-delivered-on-july-29 "Forcillo to learn sentence July 29", by Sam Pazzano, ''Toronto Sun'']</ref>

On July 28, 2016, Forcillo was sentenced to six years in prison. The TPS also suspended him without pay.<ref name=":2" />

=== Appeal and bail ===
After one night in jail, Forcillo was granted bail pending an appeal of the court's decision to the Court of Appeal for Ontario. His lawyers were ordered to provide the court with an update on this process by November 9.<ref name="cbc-appeal" /> Forcillo's bail conditions required him to stay at the home of his then-wife and her parents.<ref name=":3">{{Cite news|url=https://www.thestar.com/news/gta/2017/11/17/const-james-forcillo-makes-court-appearance-as-crown-looks-to-revoke-bail.html|title=Investigators' visit to apartment led to Const. James Forcillo's arrest|last=Powell|first=Betsy|date=November 17, 2017|work=The Toronto Star|access-date=November 19, 2017|language=en-CA|issn=0319-0781}}</ref> Because Forcillo was deemed unlikely to commit further offences, his bail was extended in November 2016.<ref>{{Cite news|url=http://www.cbc.ca/news/canada/toronto/bail-extended-james-forcillo-1.3843354|title=Bail extended for Const. James Forcillo, convicted in streetcar shooting death of Sammy Yatim|last=McGillivray|first=Kate|date=November 9, 2016|work=CBC News|access-date=November 20, 2017|language=en}}</ref>

In early November 2017, Forcillo applied for his bail to be modified so he could live with his new fiancée instead of at the home of his now ex-wife, and have his new fiancée added as a surety. Two days before the hearing for the bail modification was to be heard, provincial investigators found Forcillo at the residence of his fiancée in violation of his bail conditions. Forcillo was arrested the next day and charged with failing to comply with his [[Social:Recognizance|recognizance]], which has a maximum sentence of two years imprisonment. The attorney general filed an application with the Court of Appeal to revoke Forcillo's bail. Forcillo's bail hearing for the charge of failing to comply with his bail conditions was delayed pending the result of the application to revoke his bail, which was scheduled to be heard in court on November 30. In the meantime, Forcillo was remanded in custody and was in protective custody because he is a police officer.<ref name=":3" /> The Court of Appeal for Ontario subsequently dismissed Forcillo's appeal on April 30, 2018, and upheld the original trial-imposed six-year sentence.<ref>{{cite CanLII|litigants=R. v. Forcillo|year=2018|court=onca|num=402|format=onca|date=2018-04-30|courtname=auto}}</ref>

On December 6 2018, the Supreme Court of Canada denied Forcillo's application for leave to appeal his conviction.<ref>{{cite CanLII|litigants=R. v. Forcillo|link=|year=2018|court=scc-l|num=116610|format=canlii}}</ref>

=== New charges ===
In November 2017, Forcillo was charged with breaching his bail conditions and then in December 2017, also faced one additional obstruction of justice charge related to allegedly committing perjury when signing an affidavit under oath. The affidavit had been filed in court when Forcillo was seeking a variance in his bail terms and was awaiting a hearing to address the variance request when he was found to be living in violation of his current bail terms by police investigators in November. According to documents filed with the court, Forcillo is alleged to have made "false statements under oath" when he stated in the affidavit that he was in full compliance with the terms of his bail and related house arrest. Forcillo was scheduled to appear in court on December 29.<ref>[https://www.thestar.com/news/gta/2017/12/21/const-james-forcillo-facing-additional-charges.html "Const. James Forcillo faces new charges including perjury", by Alina Bykova and Betsy Powell, via The Toronto Star. Retrieved December 22, 2017]</ref>

On December 29, 2017, Forcillo attended a bail hearing on the new charges of obstructing and perjury relating to his allegedly lying under oath in the signing of his affidavit. Again, his bail was revoked. Forcillo is now in custody in a federal prison serving his six-year sentence.<ref>[https://www.theglobeandmail.com/news/toronto/toronto-cop-james-forcillo-appears-in-court-for-attempt-to-obstruct-justice-charge/article37454780/ Toronto cop James Forcillo appears in court for attempt to obstruct justice charge], ''The Globe and Mail'', (December 29, 2017)</ref>

==References==
{{reflist|2}}

{{DEFAULTSORT:Yatim, Sammy}}
[[Category:Police brutality]]

{{Sourceattribution|Death of Sammy Yatim|1}}