Constable James Forcillo arrives at a Toronto courthouse on July 28, 2016 to be sentenced for the attempted murder of 18-year-old Sammy Yatim in 2013. THE CANADIAN PRESS/Michelle Siu

Toronto cop convicted in death of teen seeks to appeal case to Supreme Court

Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife.

A Toronto police officer convicted of attempted murder in the shooting death of a troubled teen on an empty streetcar is seeking leave to bring his case before Canada’s top court.

Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife, in an incident that ignited public outrage after a bystander’s video came to light.

In 2016, a jury acquitted Forcillo of the more serious charge of second-degree murder related to the first volley of shots — which killed the teen — but found him guilty of attempted murder related to the second hail of bullets, fired seconds later while Yatim was lying on his back.

Lawyers for Forcillo challenged the ruling but Ontario’s top court dismissed the appeal in April.

In upholding Forcillo’s conviction and sentence, Ontario’s Court of Appeal found Forcillo’s second round of shots was “clearly unnecessary and excessive.”

His legal team is now seeking to challenge the appeal court decision, arguing that the first and second volleys were “artificially” divided into two separate events, leading to the separate charges.

Michael Lacy, Joseph Wilkinson and Bryan Badali are asking the Supreme Court to decide whether prosecutors were required to prove that the first and second rounds of shots were two different “transactions.”

They are also contesting Forcillo’s initial six-year sentence, which was a year longer than the mandatory minimum.

Related: 2017: Appeal set for Const. James Forcillo, convicted in Sammy Yatim shooting

In their application to the court, the lawyers write that mandatory minimum sentences are intended to deter people from committing crimes.

But the lawyers argue that when someone carrying a firearm legally uses it in good faith — as they suggest Forcillo did — that person is not deterred because they believe they’re obeying the law and therefore would not go to prison.

The Crown has 30 days to respond to the application.

The court has said it takes an average of three months to decide on leave applications after they are filed.

Forcillo recently had six months added to his sentence after pleading guilty to perjury. He had also been charged with breaching the conditions of his bail while awaiting the Ontario Court of Appeal decision, along with obstruction of justice, but those charges were dropped after he entered the guilty plea.

Nicole Thompson, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Students at St. Augustine honour fallen Ponoka soldiers

The school’s Remembrance Day ceremony recognized the sacrifices of past soldiers

Ponoka Legion commemorates 100th anniversary of Armistice Day

Ponoka residents pack Legion hall during Remembrance Day

Ponoka Secondary Campus alumni provides example of how to remember those who were lost

School’s annual Remembrance Day ceremony focuses on 100th anniversary of WWI armistace

No pumping into Gull Lake for 5 years due to carp concerns

Worries of carp in the Blindman River has put a hold on pumping water into Gull Lake

Rural crime task force results released at Agri-Trade luncheon

Report cites problems with police not being able to keep up with crime and justice system issues

WATCH: Remembrance Day in Lacombe fills LMC

2018 marked 100 years since the end of First World War

Fear of constitutional crisis escalates in U.S.; Canadians can relate

Some say President Donald Trump is leading the U.S. towards a crisis

Canada stands pat on Saudi arms sales, even after hearing Khashoggi tape

Khashoggi’s death at Saudi Arabia’s consulate in Istanbul further strained Riyadh’s already difficult relationship with Ottawa

Feds pledge money for young scientists, but funding for in-house research slips

Canada’s spending on science is up almost 10 per cent since the Liberals took office, but spending on in-house research is actually down

Carjacking sees 76 year old woman’s vehicle stolen

Wetaskiwin RCMP with Crime Reduction Unit charge robbery suspects

Disabled boy has ‘forgiven’ bullies who walked on him in stream, mom says

A Cape Breton teen who has cerebral palsy was told to lie in a stream as other kids walked over him

Remember When: Looking at Suzan Heriot Sturgeon’s artwork

A Ponoka and Lacombe artist is recognized and remembered

Reflections: A special tribute to Suzan Sturgeon

A self-taught artist who lived in the Lacombe and Ponoka area is recognized

Ponoka Food Bank gets a leg up from PES students

Ponoka Elementary School students show leadership in food fundraising campaign

Most Read