James Forcillo case: Crown says events that led to death could have been avoided

Const. James Forcillo could have avoided the sequence of events that led to the shooting death of 18-year-old SammyYatim inJuly 2013, the Crown argued Tuesday at the Torontopolice officer's sentencing hearing.

Crown prosecutorMilan Rupic told the court that de-escalation was perfectly feasible in Forcillo's casebecause no one had been injured or attacked. And althoughYatim was mocking police, Rupic argued that he haduttered no threats, he was contained in the streetcar, there were other officers at the sceneand Forcillo had been trained in "non-forceful"techniques.

Rupicargued thatForcillofailed to make use of his training from the moment he got out of the police cruiser after being called to the scene.

The prosecution continuedits submissions to Justice Edward Then on Tuesday, afterForcillo'sdefence team argued last week at the Ontario Superior Court in Torontothat he should be held under house arrest rather than serve time behind bars.

The Crown has said Forcilloshould go to prison for more than five years anda mandatory minimum sentenceis reasonable for attempted murder. Itopposesa challenge from the defence that the mandatory minimum sentence is unconstitutional in this case.

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

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

• Forcillo attempted murder verdict explained - Canada - CBC News

In January, ajury acquitted Forcillo of second-degree murder, butconvicted him ofattempted murder for continuing to fire at Yatim after the teen had already fallen mortally wounded to the floor of an empty streetcar in July of2013.

Forcillofired two separate volleysthree shotsand then six shots atYatim,who had consumedecstasy and was wielding a small knife on theTTC vehicle.

On Wednesday, May 4, the Crown filed writtensubmissionswith the court calling for a prison sentence longer than the five-year mandatory minimum for the offence, referring to the shooting ofYatimas"one of the most egregious examples of unjustified violence by a police officer in Canada."

Last week, defence lawyer LawrenceGridintold the courttaking 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.

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

But Thensaidapolice 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."

Letter of support

Meantime, a Toronto police officer involved in another high-profile incident that ended in the death of a man officerswere trying to arrest has submitted letter of support to the court on behalf of Forcillo. It's one of 15 letters supporting Forcillo sent to the judge by friends, fellow officers and family of the convicted officer.

In August of2000,Filippo Bevilacquawas a young constable on patrol with his partnerwhen they answered a call from two other officers who were trying to arrest Otto Vass.

The mentally ill man had just punched one of the officers in the head and they were in a violent struggle with him outside a conveniencestore.

Less than a minute after Bevilacqua arrived, the 55-year-oldVass stopped breathing.

All four officerswere charged with manslaughter, but later acquitted after a two-month trial.Bevilacqua went on to become a detective, a position he still holds with the Toronto Police Service.

In his letter to the judge, Bevilacquasays he met Forcillo days after the Yatim shooting and has become a personal friend.

"Throughoutthe past two-and-a-half years James has shown that he is a man with a very strong character. He has faced his nightmare with absolute courage and determination.James is determined to end this ordeal and carry on with his life for the sake of his wife and children," Bevilacqua wrote.

" ... James is the furthest thing from being 'a hothead,a bully and short-tempered,' as he was described by ... Crown Attorney Mr. Milan Rupic," the detective wrote. "Upon his eventual return to work I would not hesitate to work alongside Police Constable James Forcillo."