Decision on whether Forcillo will get bail pending appeal expected today

TORONTO — A Toronto police officer sentenced to six years for gunning down a troubled teen on an empty streetcar three years ago is expected to learn today if he’ll get bail while he appeals.
At sentencing on Thursday, Justice Edward Then said Const. James Forcillo abused his authority in a way that undermines public trust in law enforcement and the justice system.
Then said that in letting loose a second volley of shots on 18-year-old Sammy Yatim, Forcillo committed an “egregious breach of trust” and his sentence must serve as notice to other police officers.Forcillo’s lawyer, Peter Brauti, said an appeal had already been filed on the conviction and sentencing.
Both sides were in appeal court on Thursday afternoon as the defence applied for bail pending appeal.
The appeal judge, Justice Eileen Gillese, said she would make her decision about bail by Friday morning.
The defence argued that Forcillo should be granted bail because he wouldn’t be likely to reoffend, given that the conditions under which he shot Yatim would not be repeated.
After the sentencing, Toronto police suspended Forcillo without pay, according to spokesman Mark Pugash.
Police Chief Mark Saunders said in a statement that Forcillo still faces a disciplinary matter in the Toronto Police Service Tribunal, but declined to comment on the criminal case.
The outrage over Yatim’s death prompted Saunders’ predecessor to launch a review of officers’ use of force and their response to emotionally disturbed people.
Then cited cellphone video as “powerful evidence” that what Forcillo said occurred on the streetcar that night did not actually happen.
Forcillo did not mistakenly believe that Yatim was getting up after being struck with a first volley of bullets, as the officer testified in court, Then found. Instead, he based his decision to fire again entirely on the fact that Yatim had managed to recover his knife, he said.
Under police training, that alone would not justify shooting a suspect, the judge said. The second volley of shots was “not only contrary to (Forcillo’s) training, but unreasonable, unnecessary and excessive.”