'Misperceptions' led to officer's decision to shoot Sammy Yatim: James Forcillo's lawyer

Const. James Forcillo's decision to fire a second volley of shots at Sammy Yatimwas the result of the officer's"misperceptions," but that doesn't mean he should be convicted of murder, Forcillo'slawyer told the jury at his trial in Torontoon Wednesday.

• Forcillo's lawyer says officer had grounds to fire weapon in streetcar shooting

"He did what he thought was the right thing as is his discretion," PeterBrautisaid of the Toronto police officerin his second day of final arguments."The law forgives these kinds of mistakes."

The jurors will try to decide ifForcillois guilty of second-degree murder and attempted murder, aftershooting the 18-year-old Yatimdead aboard an empty Toronto streetcar in 2013.

Brauti argued that what mattered most that July night was not ifYatim was an actual threat,but instead if Forcillobelieved lethal force was necessary to stop the teen from attacking him.

Forcillowaschargedafterhe fired nine shots atYatim, hitting him eight times.The teen had exposed himself to passengers and brandished a knife. He was still holding the switchblade when Forcillo arrived on the scene, and he refused repeated orders to drop it.

Misperceptions 'minor'

Brauti told the jury that a number of misperceptions led Forcillo to believe that Yatim might attack him.

Among them, Brauti said,Forcillo testified that he saw Yatim grab the knife and sit up at 45-degree angle after the first three shots were fired.

That, the defence lawyersaid, led Forcillo to fire another six shots at the teen.

The jury was repeatedly shownvideothat demonstratedYatim did not in fact sit up. One of Forcillo'sinitial shots severed the teen's spine, making it impossible for him to do so. Another shot pierced his heart.

"You can misperceive things because you're so focused," Brauti told the jury.

But misperceptions in the case do not belong to Forcillo alone, Brauti said, giving examples of others by witnesses.

For example, Forcillo's partner testified Yatim was still standing after the first volley of shots whenin fact he was not.

By comparison,Forcillo's misperceptions were much less significant, his lawyer argued.

"Officer Forcillo's misperceptions were more minor than the misperceptions made by others and they weren't under the same stress," said Brauti.

'Desperate suggestions'

Also at issue during the closing arguments was whether Forcillo should have exhausted other options before resorting to lethal force something the Crown's expert on use of force suggested during the trial and which Brauti dismissed today as "desperate suggestions and theories."

Brauti told the jury that itshould consider in the first place whether Forcillo believed that Yatim could only be stopped by lethal force.

A Taser was not available to Forcillo when he shot the teen. Pepper spray, Brautisuggested, would have forced Yatim off the streetcar possibly endangering the officer's life.

Significantly, Yatim was given twelve chances to surrender to police, Forcillo's lawyer reminded the court.

Brauti also said that Forcillo's training dictated that he didn't need to wait for Yatim to get up before shooting him again if he believed Yatim might attack.

Moreover, he argued, police need to be allowed a degree of latitude because their jobs require split-second decisions involving their safety,

Brauti concluded his arguments Wednesdayby asking the jury to use what he called "common sense."

The crown will begin its closing arguments Thursday.

During a morning break, a woman in the courtroom handedSammyYatim'smother a single rose.

And outside the courthouse, a friend of theYatimfamily saidForcillomade a very bad decision by shooting the teen.

"There's no reason for that boy to be shot," said JosephNazar. "If everybody [who] doesn't respond to a command, we could go back and shoot him, I think a lot of people would be murdered in Toronto."