How Const. James Forcillo was convicted of attempted murder after shooting a man to death
Toronto Police officer James Forcillo has likely earned a place in Canadian legal history after unambiguously shooting a man to death, but only being convicted of attempted murder.But the “bizarre” result hinges on the jury’s simple decision that while Forcillo may have been justified in shooting 18-year-old Sammy Yatim, he was not justified in emptying his pistol into the teenager’s crumpled body.
“Juries love compromise, and they probably came to the conclusion that reasonable people can disagree about the first three shots, but no way were the second six justified,” said Toronto criminal defense lawyer James Miglin.
On the night of July 27, 2013, as Yatim brandished a knife on a Toronto streetcar, Forcillo first downed him with a burst of three shots.
Then, six seconds later, he fired six more.
FacebookSammy Yatim.
But Forcillo could not have known this.
Although the officer was effectively firing into a corpse with his second burst, the jury concluded that his only justification for the second volley was murderous intent.
It’s so bizarre, really“Even though the first shots are what caused the death, it’s attempted murder because Forcillo didn’t know that and continued to fire,” said criminal defense lawyer Brian Ross.
“It’s so bizarre, really.”
On Monday, Forcillo was acquitted of a charge of second-degree murder for the initial burst. But with the last six shots, the jury effectively decided that Forcillo was trying to kill Yatim beyond the normal authority police are given to kill people.
Peter J. Thompson / National PostToronto
Police Services Constable James Forcillo leaves Toronto's 361
University Avenue Courthouse after being found guilty of attempted
murder in the death of Sammy Yatim, Monday Jan. 25, 2016.
Although Canadian law cannot convict someone for murdering a dead man, it is possible to convict someone for trying to murder someone who is already dead.
As the Criminal Code explicitly states, attempting to commit a crime is just as illegal whether or not it is “possible under the circumstances to commit the offence.”
To put it another way, Miglin said to imagine that, during the standoff, Yatim had suddenly slipped and fatally cracked his skull open on the floor of streetcar.
Then, as the fallen teenager lay motionless, Forcillo had gone up and shot him six times.
Yatim would already have been killed by the fall, so Forcillo technically would not be able to murder him. But by firing repeatedly into a motionless body, he would have been acting like a murderer.
As Miglin notes, whatever first brought Yatim to the ground that night, the jury concluded that “the intent of those six shots was to kill him even if factually they did not.”
National Post
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