TORONTO

In a stunning first in Toronto court history, Const. James Forcillo was found guilty of attempted murder in the streetcar shooting of troubled 18-year-old Sammy Yatim.

A jury acquitted the 32-year-old officer Monday of second-degree murder and manslaughter in the July 27, 2013 shooting death of the knife-wielding Sammy Yatim inside an empty TTC streetcar.

After 34 hours of deliberation over six days, 11 jurors found Forcillo guilty of attempted murder for firing a second volley of shots at a downed Yatim. Those shots came after Forcillo unleashed a first round of bullets, including one which hit Yatim’s heart, killing him.

Yatim was dying and paralyzed while lying on the streetcar on Dundas St. — at Bellwoods Ave. — when Forcillo fired the second set of shots because he — wrongly — perceived Yatim was rising off the floor, court heard.

“He was exonerated for the initial stage of shots,” said lawyer Julian Falconer, who represents Sammy Yatim’s mom in a civil lawsuit against Toronto Police.

“The statement is loud and clear that for the second volley of shots, excessive force was used. It will attract a criminal sentence with a mandatory jail sentence (four years).

“Shooting someone like a dog in the street — when that someone cannot pronounce a sentence or their name — makes no sense,” added Falconer.

“The days when a police officer went to trial in the shooting death of a disturbed person and virtually enjoyed immunity are gone.”

Prosecutors argued that both volleys of shots were unjustified and Forcillo should be convicted of either murder or manslaughter and attempted murder.

Forcillo asserted he had to shoot Yatim to protect himself and others from death or serious bodily harm after the young man refused to drop his weapon and stop advancing towards him.

“This is phase one,” insisted Forcillo’s lawyer, Peter Brauti. “This is far from over.”

Brauti intends to launch a stay application in an attempt to do away with the guilty verdict, arguing its unreasonable on the basis that Forcillo was simply following his training that night and therefore shouldn’t be convicted.

Brauti also intends to launch a constitutional challenge on the mandatory minimum prison sentence on May 16, arguing it is excessive punishment and ought to be thrown out.

The verdict will also be appealed, the lawyer said.

sam.pazzano@sunmedia.ca

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