While Forcillo is guilty of the attempted murder charge, the Toronto Star reports, he was found not guilty of manslaughter and second-degree murder. CBC reports the jury deliberated for six days before reaching the verdict.
The 2013 incident, which was caught on video, happened on an empty and stopped Dundas streetcar. Forcillo, 32, shot Yatim — who was holding a switchblade — a total of nine times. Forcillo fired three shots, causing Yatim to collapse to the ground. Five-and-a-half seconds passed before Forcillo fired the remaining six shots, five of which hit Yatim’s body.
Another officer Tasered Yatim, though Yatim was likely already dead when this happened.
Forcillo pleaded not guilty to all charges, claiming he acted in self-defence in both rounds of shots, as he believed Yatim was a threat to his safety and those around him.
As Now Magazine explained in December, the attempted murder charge was at first seen as somewhat baffling. In August 2013, Forcillo was charged with second-degree murder. It wasn’t until July 2014 that the Crown also charged him with attempted murder.
The second-degree murder charge applies to Forcillo’s first three shots; the attempted murder charge applies to the other six. The implication, then, is that Forcillo was charged with not only killing Yatim, but attempting to kill someone that was already dead.
Now’s crime reporter Jonathan Goldsbie explained the intricacies on Twitter following the verdict:
Of those latter six shots, five hit Yatim in non-vital areas (his groin, buttocks) and so did not contribute to his death.
— Jonathan Goldsbie (@goldsbie) January 25, 2016
The first volley of bullets hit his spine and heart. The latter volley did not contribute to or accelerate his death.
— Jonathan Goldsbie (@goldsbie) January 25, 2016
Witnesses during the trial said Yatim’s behaviour was erratic — he apparently exposed himself, and one woman said he slashed at her throat with a knife, which caused a panicked stampede as customers fled the car. However, the judge said the evidence of Yatim’s actions before the confrontation could only provide context and did not establish Yatim’s state of mind when Forcillo fired the bullets.
Another important aspect of the trial revolved around a step Yatim took after the officer warned him not to move. The prosecution argued Yatim’s step was slow and that his attitude and disobeying of orders led Forcillo to shoot him. Forcillo argued the step, coupled with “aggressive” body language and his apparent state of delirium, led Forcillo to believe Yatim was about to attack.
Police association head Mike McCormack says he will pursue a stay and an appeal. Forcillo, for the time being, will remain out on bail.
