Defence denied ability to present Yatim ‘suicide by cop’ theory

Deliberations have started in the trial of James Forcillo, the Toronto police officer charged in the shooting death of Sammy Yatim, but there was one theory the jury never had the chance to hear.

The defence was denied the ability to bring forth the theory that the 18-year-old was trying to commit ‘suicide by cop.’

Simon Fraser University professor and former police officer Richard Parent is an expert in the field, and said he examined text messages and Google searches on Yatim’s phone, as well as his behaviour on the streetcar.

“I have no doubt this is a victim-precipitated homicide. It is likely a suicide by cop, that Mr. Yatim organized a series of events with the intent to have his life being taken by police,” he said.

In text messages sent from Yatim’s BlackBerry, he told friends he was recently kicked out by his father and was applying for welfare.

Recent Google searches on his phone included “how to make money when you’re broke”, “what mistakes do men make with women” and “the easiest way to kill yourself.” The latter of the searches took place about seven months before his death and led to a blog called “How to commit suicide without feeling any pain.”

Parent said the fact Yatim didn’t hurt anyone and didn’t leave before police arrived were all signs he likely wanted to provoke cops to kill him.

“It’s a lot easier for someone else to push that button,” he explained.

Under cross examination by the Crown, Parent admitted he had never examined the toxicology reports which showed Yatim had moderate to moderately-high levels of MDMA in his blood.

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, prompting panicked passengers to rush 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.

The Crown argued Yatim was not trying to get himself killed, but was just a confused and paranoid teen.

“Here’s a man who thought someone was after him…not suicidal, he thought he was being pursued,” the Crown stated.

The Crown argued Parent was not qualified to psychologically evaluate Yatim.

Justice Edward Then decided not to allow the ‘suicide by cop’ theory and denied the defence access to Yatim’s cell records.

During his charge, the judge told the jury the only relevant state of mind was Forcillo’s and they must not speculate on Yatim’s state of mind prior to the shooting.

He also asked that the jury assess the evidence in the case with an open mind and must prove beyond a reasonable doubt that Forcillo is guilty of second-degree murder.

“If you believe that officer Forcillo is probably guilty but no more, then in those circumstances you must find him not guilty,” the judge said.

Forcillo has pleaded not guilty to second-degree murder and attempted murder.

During his testimony, Forcillo told the jury he believed Yatim was going to rush off the streetcar and launch an attack when he said he saw the teen flick his knife towards him.

Crown prosecutors argue Forcillo’s actions were not necessary or reasonable but his lawyer contends the officer’s actions were justified and carried out in self-defence.

Other details the jury didn’t hear

Mistrial application
Forcillo’s lawyer sought to have a mistrial declared after arguing that he wasn’t being allowed to bring forward evidence to counter the Crown’s portrayal of Yatim as a drugged, confused teen in need of help. The judge presiding over the case dismissed the mistrial application, saying that it would be made “crystal clear” to the jury that Yatim’s state of mind was unknown to Forcillo and played no part in the officer’s decision to shoot. Justice Edward Then said the only issue for the jury in the case was to determine how Yatim’s conduct may or may not have been perceived by Forcillo, and whether his perception of that conduct was justified.

Yatim’s cellphone data
Brauti wanted to introduce evidence that would show Yatim conducted an Internet search from his phone on easy ways to commit suicide, supporting his suicide-by-cop theory. He also wanted to introduce text messages into evidence that would suggest Yatim was stressed, having financial problems and wanted to apply for welfare.

Yatim’s relationship with his father
The jury didn’t hear about Yatim’s allegedly troubled relationship with his father. Brauti said in court, while the jury wasn’t present, that Yatim was kicked out of the house by his dad some weeks before he was killed. The jury heard that Yatim asked for a phone to call his father on the night of his standoff with Forcillo. Brauti wanted to bring forward an expert on suicide by cop whose testimony could suggest Yatim didn’t want to call his father for help that night, but rather was suicidal and likely wanted to call his dad to blame him for his problems.