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

Wolf Creek Schools raises Treaty 6 flag for first time

Chiefs, school officials took part in a ceremony that is aimed at acknowledging Treaty 6 land

Pair arrested in Ponoka with several weapons, face 98 charges

Two men nabbed after early morning suspicious vehicle reported, stolen weapons found

UPDATE: 18-year-old Rimbey teen dies in collision

A portion of Highway 53 west of Rimbey is down to one lane while crews investigate

Ponoka County approves $70,000 to dredge Parkland Beach

Parkland Beach to see some dredging support from Ponoka County

Ponoka sets bylaw on cannabis retail, pushes for quick public consumption regulation

Town passes first reading on retail outlet bylaw, questions staff on need to separate public usage

U.S. congressman issues dire warning to Canada’s NAFTA team: time is running out

Canadian Foreign Affairs Minister Chrystia Freeland is expected to resume talks with the U.S.

Tilray Inc sees $10-billion in market cap go up in smoke

Tilray’s share price closed at $123 US on Friday, a decline from its intraday peak of nearly $300 US earlier in the week

Canada to boost support for riskier forms of renewable energy: minister

A $30-million contribution to a $117-million tidal project hopes to harness the immense power of the Bay of Fundy

WATCH: Grey Cup was in Red Deer to support military families

Money raised will go towards the Military Family Resource Centre

Browns beat streak, win first NFL game in 635 days

Baker Mayfield erased any doubts about why the Browns selected him with the No. 1 overall pick

New silver collector coin features Indigenous dancer

New silver collectors coin captures fast-paced energy of an Indigenous powwow

Off Nova Scotia, a bid to ‘unravel the mystery’ of great white sharks

The question: Is Nova Scotia the second mating site for Atlantic white sharks, something scientists say could be key to protecting the endangered species.

Canadian investigator says World Anti-Doping Agency got a bad deal from Russia

A Canadian lawyer says the World Anti-Doping Agency rushed into accepting a bad deal by reinstating the country’s drug-testing program.

Fashion Fridays: Rock some animal print

Kim XO, lets you in on the latest fall fashion trends on Fashion Fridays on the Black Press Media Network

Most Read