Const. James Forcillo's lawyer argues mandatory minimum 'too harsh' for client

A lawyer for a Toronto police officer found guilty of attempted murder in the shooting death of a troubled teen is arguing that a mandatory minimum sentence of five years behind bars is "overbroad" and too harsh for someone like his client.

• James Forcillo's lawyer argues mandatory 5-year minimum is unconstitutional

• James Forcillo's time behind bars could be years away: lawyer

• Forcillo seeks to avoid mandatory minimum prison sentence for death of Sammy Yatim

Const. JamesForcillo'slawyer is making his arguments at asentencing hearing for the officer, asking that the court find themandatory minimum term unconstitutional.

In July 2013,Forcillofired two separate volleys -- three shotsand then six shots -- atSammyYatim, an 18-year-old who had consumedecstasy and was wielding a small knife on an empty streetcar.

A jury acquittedForcilloof second-degree murder inYatim'sdeath, but found the officer guilty of attempted murder forcontinuing to fire after the dying teen had fallen to the floor.

Forcillo'sdefence team is asking the court for a sentence ofhouse arrest while the Crown is seeking eight to ten years inprison.

Defence lawyer LawrenceGridinsays taking away the availabilityof a house arrest sentence inForcillo'scase -- through themandatory minimum -- is an "overbroad" action not intended to applyto police officers who must carry guns and protect the public.

Gridinsays the court needs to consider that police officers arerequired by the law to carry guns as part of their job

But Justice Edward Then, who is presiding over the case, says apolice officer carrying a gun must also be bound by his duties,which include restraint.

"It's not a licence to kill, it's regulated," said Then."Whether or not it's issued to him by way of his employment...hehas to carry out the terms of his employment in a legal manner."