Const. James Forcillo, convicted in streetcar shooting death of Sammy Yatim, released on bail

Toronto police Const. James Forcillo has been released on bail as he pursues an appeal ofhis conviction for the attempted murder of Sammy Yatim, the 18-year-old shot dead aboard a streetcar in July 2013.

• Const. James Forcillo appealing attempted murder conviction
• Yatimfamily lawyers denyForcillohad 'trial byYouTube'

Forcilloreceived a six-year sentence Thursday and spent the night in custody.

The appeal judge, Justice Eileen Gillese, said in her decisionthat Const. James Forcillo poses no risk to the public "as there isno risk that he would commit further offences."

• Read the judge's decision here

Gillese noted that until Thursday, the Crown had consented to bailbeing granted every time the issue arose, including after Forcillo,33, was convicted in Januaryof attempted murder.

A condition of Forcillo's bail is that he surrender himself onNov. 9. Gillese said that before that date, the Crown and defencelawyers should update the presiding judge on the status of theappeal. If the appeal isn't ready to be heard, Gillese said, thesurrender date can be modified.

"By imposing this early surrender date, the public will see that meaningful steps have been taken to ensure that the appeal is heard as expeditiously as possible," she wrote.

The stipulations of Forcillo'sbail remainunchanged from when he was charged three years ago:

• A surety of$500,000.
• He must remain in Ontario.
• He canonly leave his house once a week, and only if accompanied by someone else.

Forcillo will return to custody theday before the appeal court hearing and will remain incarcerated for the duration of the hearing, his lawyer told CBC News.

Yatim was shot on July 27, 2013, after police responded to reports of a passengercarrying a weapon on a streetcar onDundasStreet Westin downtown Toronto.

Forcillo firedtwoseparate volleysthree shotsand then six shots atYatim.Medical evidence showedYatimwas critically injured by the first round of shots and would have died whether or not Forcillo had continued shooting.

Forcillo's trialbegan in Toronto at the Superior Court of Justice on Oct. 20.He faced two charges: oneof second-degree murder for the first round of shots, and oneof attempted murder for the second round.

OnJan. 25, thejury foundForcillowas justified in firing the first three shots atYatimand thusnot guilty ofsecond-degree murder. However, it also determined Forcillo was not justified in firing the second round of shots, onceYatimwas on the streetcar floor, andconvicted himof attempted murder.

• James Forcillo guilty of attempted murder in streetcar shooting of Sammy Yatim
• Forcillo attempted murder verdict explained

The six-year sentenced was handed down ThursdaybyJustice Edward Then.

In making her decision on bail,Gillesesaid the argument of Forcillo'slegal team that both sets of shots should have been treated as one incident may havemerit.

"There is strength to the appellant's grounds of appeal related to whether the indictment improperly charged a single transaction as two counts and whether the verdicts are inconsistent," she wrote.

The sentence

The trial judge, Then,had rejectedForcillo'sconstitutional challenge of the mandatory minimum five-year sentence for attempted murder. His lawyers had argued the minimumshould not apply to a police officer on duty.

The judgesaid all the shots in the second volley were "unreasonable, unnecessary and excessive," and contrary to Forcillo'spolicetraining.

• Const. JamesForcillosentence: Read the full document

Then said the sentence must match the crime andthatattempted murder is "one of the most serious offences known to law."

He also said police officers must be held to a higher standard than members of the public and thatForcilloshould have used de-escalation or communication techniques to getYatimto surrender his weapon.

Forcillo"failed in his duty to Mr.Yatim" when he fired the second volley of shots, Then added.

It was announced immediately afterForcilloheard the verdict that he would appeal.