Tag Archives: video

Killer Toronto Cop James Forcillo Faces New Charges of Perjury and Attempting to Obstruct Justice

Killer Toronto cop James Forcillo has been charged with perjury and attempting to obstruct justice in relation to an attempted bail variation it was announced on December 21, 2017. The 34-year-old Constable Forcillo allegedly lied under oath when he sought a bail variation that would change his primary address. This resulted in the two new charges, according to Toronto police. The charges result from breach of bail allegations by Ontario’s Special Investigations Unit (SIU). This initiated a separate investigation by the Toronto Police Service’s professional standards unit. Forcillo had his bail revoked in November, 2017, and was taken to a Toronto area jail after authorities found he failed to live with his surety and did not provide information of a change of address.

Forcillo had already secured a place of infamy, even within the dubious history of policing in Canada, for shooting Toronto Youth Sammy Yatim (18) multiple times, killing him, while the teenager was alone on an empty streetcar with no one near, and posing no threat to police or the public. Forcillo was convicted in 2016 of attempted murder for that 2013 killing, because he shot Sammy Yatim even after the youth had fallen to ground and was already dead or dying, and was sentenced to six years. Civilian video of the police interaction went viral and showed that Yatim posed no threat to police or the public yet was shot and killed anyway.

Forcillo had been out on bail while awaiting appeal of that conviction. He is seeking to use the bogus “suicide by cop” excuse to get off (even though he had a choice not to shoot Yatim and even though he shot him after he was on the ground and not moving—hardly suicide in either case). Current court records show that Forcillo had applied to have the conditions of his bail changed so that he could live with his new fiancée, Sara Balderrama, at an apartment in north Toronto. However, before that application was approved, investigators visited Balderrama’s apartment and found Forcillo already there. The records allege that he told investigators his new arrangement was “only temporary”and suggest it was Forcillo, not his fiancée, who had signed the lease.

Killer cop Forcillo remains in custody and is scheduled to appear in court to face the new charges on December 29, 2017.

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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.


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


Supreme Court Dismisses Appeals by Killer Mounties Kwesi Millington and Monty Robinson in Dziekanski Case

On Monday, October 30, 2017, The Supreme Court of Canada dismissed appeals from killer Mounties Kwesi Millington and Benjamin (Monty) Robinson who had been convicted of perjury in connection with the killing of Robert Dziekanski at the Vancouver airport in 2007. The two Mounties were among four RCMP officers charged with perjury following a public inquiry into the killing of Mr. Dziekanski, a traveler from Poland who was tased multiple times in the arrivals area of the airport. Millington was sentenced to 30 months in prison while Robinson was sentenced to two years less a day, one year of probation, and 240 hours of community service.

The Dziekanski killing put on display clearly the culture of deception and lies that marks Canadian policing in general and the RCMP in particular and was infused with lies through and through. The RCMP spokesperson initially proclaimed publicly that Mr. Dziekanski was acting aggressively toward officers, not complying, and apparently drunk. All of these claims against the victim were shown to be lies when a civilian video of the encounter appeared showing that, in fact, Mr. Dziekanski did not confront officers aggressively and appeared to be following their orders (despite a language barrier as none of the officers spoke Polish). RCMP had taken the video from the videographer and attempted to keep it from being released publicly.

The Supreme Court rejected the appeals immediately after hearing them. Because they ruled from the bench, formal reasons for their decision were not immediately available.


Privacy Commissioner Calls for Release of Body Cam Footage of Police Killing of William McCaffrey

Police in Rothesay, New Brunswick have fought to keep body camera footage of the killing of William David McCaffrey by an officer of the Kennebecasis Regional Police Force from the public. On July 27, 2017, the access to information and privacy commissioner for the province called for release of the tape.

The 26-year-old youth was shot and killed by police in his home on February 28, 2014, while experiencing mental health distress. McCaffrey was shot twice while harming himself. The force was not investigated by a civilian oversight unit but only by another police force, the RCMP. The finding for release of the tape comes after a 15-month battle over access to information by the Canadian Broadcasting Corporation (CBC).

Commissioner Anne Bertrand in deciding the case determined that public interest in police use of force cases supercedes privacy, including for police. This ruling could have something to say about who is able to see police body camera footage in the future. In an interview Bertrand clarified: “In special circumstances, there may be a public interest in the public knowing about what happened, despite there being personal information involved” (quoted in Donkin 2017).

The Kennebecasis Regional Police Force had denied a request from CBC News of information of footage from a police body camera in 2016. They cited privacy concerns.

CBC News appealed the police decision to Bertrand. The news station argued that body-worn camera footage should be treated the same way as any other record showing how police make a decision (2017). According to the CBC News claim: “Having access to those records is necessary to ensure public safety and accountability” (quoted in Donkin 2017).

In her decision, Bertrand invoked a little used public interest section of the Right to Information and Protection of Privacy Act. It says that in cases where there is “a risk of significant harm,” which could include a danger to public safety, that section can override other parts of the law that protect privacy (Donkin 2017).

This would be the first case of release of police body camera footage in the Canadian context, unlike the situation in the United States in which such footage has been released numerous times. As is too often the case in public body decisions involving police conduct, the police force is not required to adhere to Bertrand’s decision and is already pursuing legal advice. Once again the police assume the powers of a law unto themselves.

 

Further Reading

Donkin, Karissa. 2017. “Video of Fatal Police Shooting Should Be Made Public, Commissioner Says.” CBC News. July 27. http://www.cbc.ca/news/canada/new-brunswick/rothesay-shooting-commissioner-1.4223274


Video Raises Questions About In-Custody Death of Dale Culver in Prince George

The man who died while in custody of Prince George RCMP has been identified publicly as Dale Culver, a 35-year-old father of three. Several RCMP officers took part in Culver’s arrest allegedly following a call about someone looking at vehicles. Culver was pepper prayed and newly released video shows that four officers pinned him to the ground afterwards.

It has not been independently confirmed that Culver, or anyone else was “casing vehicles.” Yet on this basis he was killed by police. A terrible price to pay for simply being suspected of possibly looking at cars.

Seeing the video, Alicia Wisla, Culver’s partner and mother of their five-month-old child, insists the officers involved must be charged.

The available video footage can be viewed here:  http://globalnews.ca/news/3616428/girlfriend-of-prince-george-man-who-died-in-police-custody-wants-justice/?utm_source=980CKNW&utm_medium=Facebook