Tag Archives: transit

Killer Toronto Cop James Forcillo Heading to Prison as Bail Revoked

Killer Toronto cop James Forcillo is going to prison after his bail was revoked it was announced on November 30, 2017. Forcillo shot and killed 18-year-old Sammy Yatim on July 27, 2013, shooting the teenager multiple times, including after he had fallen to the ground from a fatal shot, even though Yatim was alone on an empty streetcar and posed no immediate threat to the public or to police. The killing was captured on video. Constable Forcillo was convicted in 2016 of attempted murder in the killing, because he shot Yatim after he had fallen to the ground of wounds already inflicted by the officer. He was sentenced to six years in prison.

Forcillo had been out on bail pending the appeal of his conviction. He was arrested earlier in November 2017 for allegedly failing to comply with the bail conditions by failing to live with his surety or to inform authorities of a change of address, according to police. Forcillo has been in custody for two weeks since his arrest.

Following his arrest, the Attorney General of Ontario applied to have Forcillo’s bail revoked. A judge granted that request this week. Forcillo will remain in police custody while a charge of breaching bail is dealt with in court. That court date is set for December 15, 2017. He will then be transferred to federal prison to begin serving his prison sentence.

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Killer Toronto Cop James Forcillo Charged With Breaching Bail Conditions

Killer Toronto cop James Forcillo, who shot and killed teenager Sammy Yatim, who was alone on an empty streetcar, in 2013 and was later convicted of attempted murder in that case, was charged on Wednesday, November 15, 2017, for breaching his bail conditions. The Special Investigations Unit, the agency that examines cases of police harm to civilians in Ontario, has reported that Constable Forcillo, who has been out on bail while he appeals his conviction, was accused of breaching conditions related to his house arrest, but they have provided no additional details about the case.

Forcillo’s force, the Toronto police, have reported that Forcillo was charged with failing to comply with recognizance.  Forcillo was allegedly found at a new residence address in violation of his bail conditions. Constable Forcillo was arrested by Toronto police at around 7:30 AM and made a brief court appearance shortly after 11 AM before being remanded into custody. According to Forcillo’s lawyer, Peter Brauti, a bail hearing on this new charge has been put over to Friday, November 17.

Forcillo had his bail conditions extended in late September of 2017, only one day before he was set to appeal his 2016 conviction in the killing of Sammy Yatim. Forcillo, who shot Yatim multiple times, even after the youth had fallen to the ground from a fatal shot, was sentenced to six years in prison, one year more than the mandatory minimum.

The judge in Forcillo’s trial referred to video of the killing as “powerful evidence” that what the officer claimed occurred during the encounter did not actually occur. Ontario Superior Court Justice Edward found that Forcillo had abused his authority in a manner that served to undermine public trust in law enforcement and the justice system.

In despicable fashion, Constable Forcillo has sought an appeal in his case on the basis of the dubious claim that Yatim was attempting to commit “suicide by cop.” This is a nonsensical ruse used by killer cops to justify cases where they actively decide to kill someone, even if the victim they choose to kill is alone on a street car, away from anyone else, and posing not immediate threat to officers of the public. It is a pure piece of copaganda that serves to exonerate killer cops while blaming their victims. Of course, cops can choose not to shoot to kill. They decide, not the victim, which marks this as very distinct from suicide.

Ed Upenieks, a lawyer for the Yatim family, noted that the alleged breach of conditions by Forcillo shows the officer has a lack of respect for the system. According to Upenieks: “It calls into question his respect for the legal system and for the bail conditions” (quoted in Freeman 2017).

 

Further Reading

Freeman, Joshua. 2017. “Cop in Sammy Yatim Case Arrested After Allegedly Being Found at New Home.” CP24.com November 15. http://www.cp24.com/news/cop-convicted-in-sammy-yatim-case-arrested-after-allegedly-being-found-at-new-home-1.3679007


Killer Toronto Cop James Forcillo’s Appeal Begins: Seeks Bogus Suicide-By-Cop Excuse

On Monday, October 2, 2017, killer Toronto Police Constable James Forcillo began the appeal of his conviction in the shooting and killing of 18-year-old Sammy Yatim on July 27, 2013.  Forcillo’s lawyers asking the Ontario Court of Appeal to reconsider an interpretation of the killing and the timing of shots fired by Forcillo.

In 2016, a jury acquitted Forcillo of second-degree murder but convicted him of attempted murder after he shot and killed the distraught Yatim, who was isolated and alone on a Toronto streetcar. Forcillo shot the stricken youth after he had fallen down from the first shots, leading to the attempted murder charge and conviction (since Yatim was incapacitated when he was shot what other motive was there to keep shooing?). Forcillo was sentenced to six years in prison but remains free on bail until possibly 2018 pending the outcome of his appeal.

Forcillo’s lawyers disagree with instructions from Justice Edward that allowed the jury to consider the killer cop’s first three shots as a separate event from his next six shots. They occurred five-and-a-half seconds apart, the second volley coming after Yatim had already fallen from a fatal shot to the chest.

Even more disturbing Forcillo’s lawyers are also appealing the conviction on the grounds that they were denied the opportunity  to frame Yatim’s killing as an attempted suicide. This ploy seeks to make use of the dubious and despicable “suicide by cop” excuse used often by police officers, forces, and police associations to justify and legitimize police killings of civilians. It has interested copagandist “criminologists” (typically current or former cops) ready and willing to promote the excuse in court on behalf of (fellow) officers. The lawyers argue that because Yatim wanted to die, less lethal interventions from Forcillo would not have worked. Forcillo lawyer Joseph Wilkinson argued at the Monday hearing that the trial judge should have allowed the evidence to “counterbalance” the Crown’s view that Sammy Yatim was a “person in crisis” who Forcillo could have dealt with without deploying  lethal force. This excuse always  seeks to remove the conscious decision of officers  to shoot someone even in cases, like that of Sammy Yatim, the victim is alone and isolated and poses no direct or immediate threat to the public or officers. The officer has the opportunity to decide and still chooses to shoot to kill. That is not suicide by any definition.

The case is being heard by a three judge panel consisting of Chief Justice George Strathy, Justice David Doherty, and Justice Gary Trotter.


Killer Toronto Cop James Forcillo Has Bail Extended to 2018

Toronto police constable James Forcillo shot and killed Sammy Yatim in 2013. Forcillo shot Yatim multiple times, firing even after the stricken youth had fallen dead. At the time Forcillo shot Sammy Yatim, the distressed youth was isolated and completely alone on a Toronto streetcar posing no threat to police or the public (as captured on witness video of the killing). For this Forcillo was sentenced in 2016 to six years behind bars, for attempting to kill Yatim (but curiously not for murder). That sentence was a rarity for killer cops in Canada, who are rarely charged and almost never convicted as the state protects the state in such cases.

Forcillo has been out on bail as he appeals the verdict and sentence. On Friday, September 29, 2017, Forcillo was granted a bail extension. A bail extension document states that the appeal process will contain a “fresh evidence phase.” The previous bail conditions for Forcillo were set to expire on Sunday, October 1, 2017, one day before the killer cops is scheduled to appeal his conviction for attempted murder in killing Sammy Yatim. Forcillo will now remain free either until the day before that hearing or until April 2, 2018 (whichever comes first).

Killer cop Forcillo is asking the appeal court to substitute a not-guilty verdict or to  order a new trial in his case. Forcillo, a member of an institution that favors and promotes mandatory minimum sentences, is also seeking a declaration that the mandatory minimum sentence for attempted murder is unconstitutional (erstwhile proponents always want mandatory sentences dropped when they come close to home). Instead Forcillo wants to be granted a suspended sentence. Otherwise he seeks a reduction of his sentence to the minimum five years.

Incredibly, Forcillo’s appeal wishes to have arguments presented arguing for the bogus and discredited “suicide by cop” justification for police killings. This is a piece of propaganda, or copaganda, used to  excuse or legitimize police killings of civilians. It is a mechanism for blaming the victim and removing a killer cop’s responsibility in deciding to shoot and kill someone who may have been in distress, even where they posed no threat to the public or to officers (as in a youth alone in an empty streetcar). It is despicable and nasty ploy by police and their supporters. Unfortunately there are unprincipled “criminologists” for hire (usually active or former cops) who are willing to promote this copaganda in courts to defend killer cops.


ASIRT Investigates Death of Woman in Edmonton Police Custody (August 6-7, 2017)

The Alberta Serious Incident Response Team is investigating the death of a 55-year-old woman in custody of the Edmonton police over the long weekend between August 6 and 7, 2017. The circumstances leading to the death were initiated in as little as a call about intoxication at a transit station. Why people call police over such things might be asked. On Sunday, August 6, police responded to the Belvedere LRT Station and “dealt with” three people who were allegedly intoxicated. A 55-year-old woman was arrested and taken into custody, being placed in a holding cell with other people at city police headquarters. She had initially been taken to the northeast division facility before being taken to police headquarters, but no explanation has been provided for why that move was made. Around 10 AM the next morning the woman was found unresponsive and in medical distress on the floor of the cell. ASIRT has reported that there were “no obvious signs of significant trauma or injury.” The woman was transported to hospital in critical condition by EMS crews and died there later that evening.


Killer Cop James Forcillo Appeals Conviction for Killing Sammy Yatim on Bogus “Suicide by Cop” Claim

The notion of “suicide by cop” is a phony construct devised as a cynical ruse to excuse killer cops and get them off the hook when they kill civilians. The problems with this notion have been detailed and analyzed repeatedly in this project. Applied after the fact and in a range of instances, including those in which the cop killed someone who posed no threat to police or the public, the excuse covers up killings which are in no way suicides. If a police officer chooses to shoot someone who is isolated from the public and poses no threat to anyone, that is not suicide. If the cop has a choice not to kill, that killing is not a suicide. Saying it is denies the dignity of the victim who has not chosen to  end their own life. It has been consciously ended for them. Without consent. Suicide by cop is in these cases purely propagandistic.

Yet killer cops, their departments, and police associations routinely trot this piece of copaganda out in diverse circumstances. Such is the case of Toronto Constable James Focillo who shot 18-year-old Sammy Yatim multiple times while the youth was all alone and readily contained on an inoperative and empty streetcar. Forcillo was convicted of attempted murder and sentenced to six years in prison for the 2013 killing of Yatim. Forcillo is now appealing his conviction on the basis that testimony arguing for “suicide by cop” in Yatim’s case was excluded from the trial. The testimony was provided from cop “criminologist” Rick Parent of Simon Fraser University who has built a tidy side career on justifying “suicide by cop” claims by his colleagues who kill.

The suicide by cop claim is ludicrous in this case. First, Yatim was alone and contained and posed no threat to the public or police. Secondly, Forcillo fired two distinct volleys of multiple shots at the youth, pausing before shooting the second volley even after the young man had fallen dead from the first round of shots. Clearly not a suicide. Forcillo had multiple opportunities not to shoot and to stop shooting. There is no way to construe that as a suicide on Yatim’s part.

Forcillo, who is currently on bail pending the appeal, is asking for a not guilty verdict or a new trial. Forcillo is asking the appeal court, which is set to hear his case this fall, to substitute a not-guilty verdict or order a new trial. The killer cop is also seeking a declaration that his mandatory minimum sentence for attempted murder is unconstitutional, and seeks a suspended sentence. Absent these outcomes he wants his sentence reduced to the minimum of five years.


Inquest into Vancouver Transit Police Killing of Naverone Woods (23) Begins: March 20, 2017

An inquest into the killing of Naverone Woods has begun in Burnaby, British Columbia on March 20, 2017. Woods, a 23-year-old Gitxsan man, was shot and killed by a Metro Vancouver Transit Police officer in Surrey, British Columbia in December 2014. This case has generated much concern and organized protest but few answers for grieving family members. The Independent Investigations Office (IIO), which investigates cases of police harm to civilians in the province, earlier reported that Woods was shirtless and suffering from self-inflicted knife wounds when police, including the transit police officer, encountered him inside a Safeway grocery store in the Whalley neighborhood in Surrey. The transit officer then fired her gun striking and killing Woods. She was cleared by the IIO in may 2016. The Metro Vancouver Transit Police are the first armed transit force in Canada.

The inquest, heard by presiding coroner Brynne Redford and a jury, has no power to attribute wrongdoing or recommend charges. They will examine evidence around the killing of Woods and make recommendations that they have no mechanism to enforce on police.

Family and friends have consistently referred to Naverone Woods as gentle, caring, and helpful.