Death of Sammy Yatim

The death of Sammy Yatim

Graffiti on a Toronto sidewalk in memory of Sammy Yatim, July 31, 2013.
Date	July 27, 2013 (2013-07-27)
Time	Just after 12:00AM
Location	Dundas Street and Bellwoods Avenue, Toronto, Ontario, Canada
Coordinates	43°39′03.3″N 079°24′46″W / 43.650917°N 79.41278°W / 43.650917; -79.41278Coordinates: 43°39′03.3″N 079°24′46″W / 43.650917°N 79.41278°W / 43.650917; -79.41278
Participants	James Forcillo (shooter)
Deaths	Sammy Yatim
Charges	Second degree murder Attempted murder
Convictions	Attempted murder
Sentence	6 years in prison[1]
Litigation	$8-million lawsuit filed against Toronto Police Service by Sammy Yatim's family[2]

The death of Sammy Yatim occurred early in the morning of July 27, 2013, in Toronto, Ontario, Canada. Yatim, an 18-year-old Toronto male armed with a pocketknife, was shot at nine times, and was hit by eight of the shots fired by 30-year-old Toronto Police Service (TPS) officer James Forcillo. He later died from the injuries.^[3] The incident occurred after Yatim, brandishing a 12 cm (4.7 in) switchblade knife in a Toronto streetcar,^[4] advanced on passenger Bridgette McGregor,^[5] threatened other passengers, and exposed himself.^[6] The confrontation between Yatim and the police was recorded and footage of it was released publicly, prompting strong reactions across Canada.^[7]

On August 19, 2013, Forcillo was charged with second-degree murder. On July 30, 2014, he was also charged with attempted murder. On January 25, 2016, he was found not guilty of second-degree murder and manslaughter, but guilty of attempted murder.^[8] On July 28, he was sentenced to six years in prison.^[1] The next day, he was granted bail pending an appeal of the court's sentence.^[9] This incident was the only time an on-duty Ontario officer was charged and convicted in the death of a person since the inception of the Special Investigations Unit (SIU) in 1990.^[10]

Shooting

At 10:30 pm on July 26, Sammy Yatim boarded a subway,^[11] and then later boarded a streetcar around 11:45pm^[12] on the 505 Dundas line. Sometime afterwards, he drew his 12 cm (4.7 in) switchblade knife,^[4] attacked passenger Bridgette McGregor^[5] and told passengers to remain on the streetcar, reportedly acting aggressively towards other passengers.^[13] Frightened, the passengers promptly tried to escape. Yatim then revised his demands, ordering everyone off the streetcar. He began to approach the driver of the vehicle but stopped to shout obscenities at the crowd gathering outside. The driver of the streetcar remained at the controls until shortly before police arrived.^[14]

Passenger and witness Aaron Li-Hill said that upon boarding the streetcar he initially noticed Yatim sitting at the back, across from a group of teenage girls.^[14] He later heard giggling from the back of the streetcar followed by a scream, then saw Yatim brandishing a knife as the girls ran past him toward the front doors.^[14] According to witness Jessica Doyle, another passenger on the streetcar, Yatim seemed irate, mentally unstable, and oblivious to her presence as he walked directly past her aboard the streetcar.^[15] Doyle reported that as he walked past her, Yatim was holding his exposed genitals in his left hand and a knife in his right hand.^[15] According to Melody Garcia, another passenger, Yatim "took his penis out with one hand and a knife in another."^[14]

Police arrived at the scene. At the front of the vehicle, Constable James Forcillo of the Toronto Police Service called for a Taser, believing the situation "could be contained".^[13] According to videos of the incident, police asked Yatim to drop the knife and warned him not to "take one step in this direction". After Yatim took a step forward, Forcillo fired nine shots; an initial salvo of three followed by an additional six several seconds later. Approximately 30 seconds later, Forcillo's Sergeant, Dan Pravica Tasered Yatim.^[13][16][17]

It was later determined that eight of the nine shots fired hit Yatim, and the initial salvo of three shots had killed Yatim almost instantly. Surveillance video indicates that Yatim was lying on the deck when the last six shots were fired.^[16][18]

Yatim was transported and later pronounced dead at St. Michael's Hospital.^[19]

Backgrounds

James Forcillo

James Forcillo was born December 30, 1982, in Montreal, Quebec. He is a second-generation Italian-Canadian.^[20][21] He was a constable with six years on the force at the time of the shooting.^[22] He graduated from a justice program at East Los Angeles College in Monterey Park, California, United States, and received a psychology degree from York University in Toronto. He worked as a security guard in Toronto, and then was employed as a court services officer for three years. Up until Yatim's death, he worked as a patrol officer for three years.^[21]

Sammy Yatim

Sammy Adib Yatim was an ethnic Aramean born on November 5, 1994, in Aleppo, Syria. He emigrated to Toronto from Aleppo, Syria, with his family in 2008.^[23] He had recently graduated from Brebeuf College School in North York, Toronto and had told a friend he intended to focus on his education.^[23]

It is unclear what provoked Yatim's behaviour the night he was shot. His family claimed that he had no history of mental illness or violence.^[24] He had “moderate to moderately high levels of ecstasy in his system at the time of his death, as well as marijuana and a trace amount of cocaine" according to the autopsy report.^[25]

Aftermath

In July 2014, an $8-million lawsuit was filed against Toronto Police Service by Yatim's family.^[2] The shooting and subsequent investigation and trial raised questions about police accountability in Toronto.^[26]

SIU response and criminal trial

As the event was recorded on cellphone camera and available for viewing by the public, it received international coverage and attention as a potential use of excessive force by the Toronto Police.^[27] It also triggered protests, with one temporarily blocking traffic on Dundas street downtown.^[28]

On August 8, the Ontario Ombudsman, André Marin, launched a review of police tactics for defusing heated situations, in the wake of public outcry over Yatim's death. The decision was criticized by the Toronto Police Association as a grandstanding political move, and the review as too vague in its goals.^[29]

Internal review

On August 12, Toronto police chief Bill Blair announced he had enlisted former Associate Chief Justice of Ontario, Dennis O'Connor, to conduct an internal review of the use of force by police, and recommend ways police can better respond to situations involving the mentally unstable.^[30] On August 28, however, O'Connor withdrew from the police probe due to a potential conflict of interest.^[31]

There is no known investigation into the use of the Taser in the incident or into videos which allegedly show a police officer kicking shell casings inside the yellow police tape at the scene of the shooting.^[16]

Arrest

On August 19, the Ontario Special Investigations Unit (SIU) announced that an arrest warrant had been issued for Forcillo. He was charged with second-degree murder. Forcillo surrendered on August 20. If convicted, the minimum sentence is life imprisonment without parole eligibility for at least ten years.^[32]

Free on $510,000 bail, Forcillo was not required to appear at the next stage of his preliminary hearing on December 11. Toronto police stayed a disciplinary charge of discreditable conduct under the Police Services Act of Ontario until the criminal trial has finished.^[33] Despite this, Forcillo returned to work, but he did not have a firearm nor did he wear a TPS uniform. Michael McCormack responded by saying "the situation is not unusual for officers who have been suspended."^[34]

On June 17, 2014, the preliminary inquiry ended with judge Richard LeDressay ordering Forcillo to stand trial in 2015. Evidence presented in the inquiry is under a publication ban. Forcillo continued to serve as a Toronto Crime Stoppers administrator.^[35]

On July 30, 2014, Crown prosecutors added the charge of attempted murder "by shooting [Yatim] with a firearm and thereby wounding him."^[36] Legal experts said the second charge was a highly unusual strategy.^[37]

Trial

Lawyers on both sides of Forcillo's trial began making pre-trial motions in the Toronto Courthouse on September 14, 2015. Jury selection began on September 30, 2015.^[38]

Crown

During the trial, presided over by Justice Edward Then,^[8] the prosecution put forward the theory that Forcillo had over-reacted and "lost his cool" in his decision to fire at Yatim.^[39] A former police chief testifying as a use of force expert said he believed Yatim provided no imminent threat requiring the use of deadly force by Forcillo.^[40] In cross examination, the prosecution asked Forcillo why he had not put more effort into de-escalating the situation to avoid violence. Forcillo responded that pulling out his firearm in response to Yatim's knife was "a form of de-escalation".^[41]

Defence

Forcillo argued that he was acting in self-defence both times he fired his weapon.^[8] In testifying in his own defense, Forcillo explained that he followed standard police procedure, and believed Yatim to be a threat when he ignored his orders to "drop the knife" and instead proceeded to advance towards him.^[42] In support of the defense, a police college instructor testified that Forcillo was out of options the night he shot Yatim.^[43] Passengers on the streetcar also testified their experiences of fear, terror and chaos when Yatim threatened them with his knife.^[44]

Verdict

On January 25, 2016, the jury found Forcillo not guilty of second degree murder and manslaughter, but guilty of attempted murder.^[8] The jury accepted the defence's argument that Forcillo was justified in firing the first three shots, but found him not justified in the second round of shots, thus guilty of attempted murder.^[45][46] The verdict meant Forcillo faces a four-year minimum sentence.^[46][47]

Forcillo challenged the minimum sentence law and his conviction, in arguments heard in May 2016.^[48] After the defence was granted a postponement to prepare on May 16, the legal challenge began May 18, expected to last two or three days, followed by the sentencing hearing over another two. The defence sought house arrest, and the Crown sought eight to ten years in prison.^[49]

At the conclusion of the hearing on May 26, judge Ed Then said he will announce Forcillo's sentence on July 29.^[50]

On July 28, 2016, Forcillo was sentenced to six years in prison. The TPS also suspended him without pay.^[1] After one night in jail, he was bailed pending an appeal of the court's decision. His lawyers were ordered to provide the court with an update on this process by November 9.^[9]

See also

• Edmond Yu

References