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TORONTO — Jurors who will decide the fate of a Toronto police officer charged in the shooting death of a teen on an empty streetcar are getting their final instructions from the judge who presided over the case.
Justice Edward Then is telling the jury their function is not to express forgiveness or condemnation in the case of Const. James Forcillo, but rather to assess all the evidence in the case with an open mind.
Forcillo has pleaded not guilty to second-degree murder and attempted murder in Sammy Yatim’s death.
The jury has heard that on a night in July 2013, Yatim had taken the drug ecstasy before boarding a streetcar where he pulled out a small knife.
After panicked passengers rushed off the vehicle, videos and audio played at the trial have shown that Forcillo arrived on the scene, yelled repeatedly at Yatim to drop the knife, and after a 50-second confrontation fired nine bullets at the teen.
Crown prosecutors argue Forcillo’s actions weren’t necessary or reasonable but his lawyer contends the officer’s actions were justified and carried out in self-defence.
“The Crown must prove beyond a reasonable doubt that officer Forcillo is guilty,” Then said. “If you believe that officer Forcillo is probably guilty but no more, then in those circumstances you must find him not guilty.”
