Nearly six years after Sammy Yatim was shot dead by Toronto police, the disciplinary charge against the sergeant who Tasered the teen as he lay dying has been dropped following closed-door mediation.

Sgt. Dusan Pravica was facing one count of misconduct under Ontario’s Police Services Act in connection to the July 2013 death of Yatim, 18, who was shot eight times by then-officer James Forcillo while he was alone and armed with a knife on a Dundas streetcar.

Twenty seconds after Forcillo fired the last of nine bullets, Pravica — a Toronto police veteran who has since been promoted to staff sergeant — arrived on the scene then climbed aboard the streetcar and Tasered Yatim, who was lying on his back. Pravica later testified that Yatim posed a threat because he was still clutching his knife.

The use of a conducted energy weapon in the case prompted public outrage of its own right, as some legal experts and hundreds who protested Yatim’s killing said Pravica’s use of force demanded accountability.

That process began in April 2017 when Pravica was charged with professional misconduct following an investigation by the Office of the Independent Police Review Director (OIPRD). The police watchdog’s conclusion alleged Pravica used unnecessary force, “acted in haste” and that the officer “failed to assess the totality of the circumstances” before Tasering Yatim.

On Tuesday, the day Pravica’s disciplinary hearing was scheduled to begin, police prosecutor Toronto police Insp. Shane Branton said the case had been “resolved by alternative means.” The parties involved had met earlier this month for a confidential mediation, he said — something that’s an option when disciplinary charges are laid by the OIPRD.

The resolution has brought a satisfactory outcome for Nabil Yatim, Sammy Yatim’s father, whose complaint prompted the charge against Pravica. At Tuesday’s hearing, Nabil Yatim’s lawyer Joseph Figliomeni said mediation gave Yatim the chance to “meet and share his views with Sgt. Pravica in a dignified and respectful setting.”

“Resolving the OIPRD complaint against Sgt. Pravica marks a milestone for the Yatim family and their continuing efforts to refocus the police community’s attention on revising their procedures with a view to minimizing the excessive use of force,” Figliomeni said.

Joanne Mulcahy, Pravica’s lawyer, agreed the resolution was to the satisfaction of all parties and told the hearing her client, who was not in attendance Tuesday, had acted in “good faith” on the night of Yatim’s death.

“He carried out his duties as a police officer, he followed Toronto Police Service policies, he followed Toronto Police Service training,” Mulcahy said.

Asked if Pravica was following the force’s practices and policies when he used a conducted energy weapon on Yatim, Toronto police spokesperson Allison Sparkes said he was at the time.

“Although this specific matter did not, in itself result in changes, the TPS continually revisits procedures and updates training,” she said.

Peter Rosenthal, a retired Toronto criminal lawyer who has represented families of people killed by police, said that if Pravica was following proper training and policies, they “must be revised.”

“It is my opinion that Toronto police officers have frequently used Tasers inappropriately,” Rosenthal said in an email Tuesday. “Even if Sammy Yatim had not been dying from the gunshots he suffered, the facts that he was lying on his back and that nobody else was in the streetcar should make this Tasering contrary to any reasonable training and policies.”

Rosenthal added that while he is pleased Yatim’s father got comfort from the outcome, he believes the confidential resolution “sends the message to Toronto police officers that Tasering will be tolerated even in such outrageous circumstances.”

Kate Puddister, University of Guelph professor who researches police oversight, agreed, noting that while the Yatim family’s satisfaction must be a primary concern, “police accountability is also fundamentally about the public.”

Because mediation is a closed-door process, it’s not clear whether any change will flow from Pravica’s case. That may be dissatisfying for members of the public, as it might seem that there are no consequences for actions that appear to be out of bounds, Puddister said.

Loading... Loading... Loading... Loading... Loading... Loading...

“Without a hearing into the incident, we are left without an answer whether or not the officer’s conduct was appropriate, and the public aspect of police accountability may go unfulfilled,” Puddister said.

Greater public access to details about the mediation process, and the potential consequences for the officer, might be a possible solution, she said.

Ruby Chauhan, spokesperson for the OIPRD, said the watchdog is bound by Ontario’s Police Services Act to maintain confidentiality of all parties, including complainant, officers and witnesses. She said that mediation is sought by the parties, confidentiality is a “critical component” and all parties must sign confidentiality agreements.

“This process cannot be successful, unless there is trust and confidence between the parties,” she said in an email. “A mediated agreement is the outcome of a process that allows the parties to discuss the issues and come to a mutually agreeable resolution.”

On its website, the OIPRD lists among the benefits of mediation that the complainant can “receive an explanation or an acknowledgment from the officer” and that the officer can “have an opportunity to explain their actions.”

Forcillo shot at Yatim in two distinct volleys on the night of July 27, 2013, each separated by six seconds. He fired three times then, as Yatim lay on the floor of the streetcar, six more times, striking him a total of eight times.

The former officer was convicted of attempted murder in connection to the second set of shots, and was sentenced to six years in jail. He resigned from the police services last year and is serving his sentence.

Taking the stand during Forcillo’s trial, Pravica testified that he rushed to the scene following a radio call for a sergeant with a Taser to deal with a man with a knife on a streetcar. The officer said he never saw or heard any shots fired, but was advised within seconds of his arriving that Yatim had been shot but did not know how many times.

He noted Yatim was still clutching his knife and testified that he felt the teen posed a threat and could have been “playing possum.”

“He could potentially be getting ready to slash my throat or come across the abdomen,” he said. “I’m pointing the Taser at him and he’s not going to drop the knife for me.”