Const. James Forcillo is engaged and was at the home of his fiancé when he allegedly breached his bail conditions, court documents show.

Forcillo was arrested by Toronto police at around 7:30 a.m. on Wednesday after he was allegedly found at another residence than the one that he is required to reside at under the conditions of his bail.

At the time of the alleged breach, Forcillo was awaiting a now deferred court hearing that was scheduled for today, where he was planning to ask a judge to alter his bail conditions so he would be permitted to reside with his fiancé.

In court documents related to that application, Forcillo says that he separated from his wife Irina Ratushnyak in early 2017 and shortly thereafter began a long-distance relationship with Sara Balderrama, who was an old friend from his college days in Los Angeles. Shortly after their divorce, Forcillo and Balderrama became engaged to be married.

Forcillo said that Balderrama officially moved to the city on Oct. 18 and began renting an apartment on Bathurst Street south of Steeles Avenue on Oct. 28. In the court application, Forcillo asks the judge to grant a variation to his bail conditions that would allow him to live with Balderrama at the address and have her as a surety.

The lease is under Forcillo’s name. Balderrama is listed as an occupant, as are his two children.

In the court documents, Forcillo says that his ex-wife would be willing to continue acting as his surety but would no longer live with him. His former in-laws are also willing to remain his sureties.

“Irina and I maintain a good relationship and continue to parent our children together. However, it has been very difficult to reside together since our separation, as we are unable to move on with our lives,” he said.

Forcillo plans to wed Balderrama in March

A sworn statement from Balderrama is included in the court documents.

In the statement, she says that she intends to get married to Forcillo in March, at which point he would sponsor her application for permanent residency in Canada.

She said that she is currently in the country on a visitor’s permit that is set to expire on April 18 but is in the process of applying for a work permit. She said that she is also working to obtain accreditation to work as a massage therapist, which was the job she held in Los Angeles. In the interim, she said that she is being financially supported by Forcillo, who himself is receiving the financial support from friends as he is suspended without pay by the Toronto Police Service.

“While I have not yet put down any strong roots in the community as I just moved here, I intend to stay here permanently,” Balderrama writes. “The applicant has two children and I know that he is a devoted parent and would never do anything that would take him away from them.”

In 2016, Forcillo was sentenced to six years in prison for attempted murder in connection with a second volley of shots fired at an already fatally injured Sammy Yatim, who was shot and killed on board a Dundas streetcar in July 2013.

Forcillo was acquitted of second-degree murder in connection with the first volley of shots he fired at Yatim.

He was out on bail pending an appeal of the conviction but was under conditions that required him to reside with his now ex-wife at their home in Vaughan at all times, except for medical emergencies, court appearances, and other select circumstances.

In the court documents, Balderrama said that she understands that Forcillo could be sent to jail if his appeal fails and is willing to post $18,000 in savings to act as a surety.

She said that Forcillo advised her of the conditions he is under early on their relationship.

“I know he would not do anything to jeopardize his release or put me at financial risk,” she wrote.

Forcillo made a brief appearance in court on Wednesday but was remanded into custody until his next appearance on Friday.