Answers to the lingering questions after Forcillo verdict

On Monday a jury found Const. James Forcillo guilty of attempted murder and aggravated assault, but not guilty of more serious charges of second-degree murder and manslaughter in the 2013 shooting death of Sammy Yatim.

But both Forcillo’s legal team and Toronto police union boss Mike McCormack said the case is far from closed. They’re seeking a stay of proceedings, arguing that Forcillo acted in accordance to his training. An appeal is also looming.

In the meantime, Forcillo will continue to be paid by Toronto police while on suspension.

Rather than closure, the mixed-verdict and Forcillo’s status with Toronto police, has raised several burning questions:

Why is Forcillo still being paid after being found guilty?

According to the Ontario Police Services Act, if an officer is charged “the chief of police may suspend him or her from duty with pay.”

Joe Couto, the Director of Government Relations and Communications for the Ontario Association of Chiefs of Police, tells CityNews the Association is trying to amend that exception.

“Currently in Ontario the Chief of Police police does not have the option to suspend without pay in pretty well any circumstance, which is a little unusual,” he says. “In the rest of Canada by and large, chiefs do have that capability.  So we’ve been for the last ten years advocating that the law here be changed, because every time there’s questions about this it’s always in terms of public trust and the undermining of trust.”

Under the current Ontario Police Services Act, the only circumstance by which pay can be withheld from a suspended officer would be under a case of conviction. The Act states, “If a chief of police, deputy chief of police or other police officer is convicted of an offence and sentenced to a term of imprisonment, the chief of police or board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.”

Since Forcillo has been found guilty, but has not yet been convicted, the Act states that he can be suspended with pay.

That leads us to our next question…

Has Forcillo been technically convicted?

Technically, no. Following the verdict, Forcillo’s defense lawyer, Peter Brauti, quickly denied that his client was convicted.  “He hasn’t been convicted. He hasn’t been convicted. He’s been found guilty,” he said during a media scrum outside the University Avenue Courthouse.

Criminal lawyer Enzo Rondinelli tells CityNews the formal process of entering Forcillo’s conviction has not happened yet, since a trial judge has not yet registered a conviction. Typically that happens on the same day of a verdict, but that process has been put on hold as Forcillo’s defense filed a motion to stay the proceedings

Can Forcillo work as a cop again if he’s convicted?

According to criminal defence attorney, Chris Murphy, it depends on sentencing.

“If they serve an actual jail sentence, then they are automatically terminated because they will be in custody and they are not able to actually perform their duty,” he told CityNews.ca.

“So if you go to jail as a police officer you automatically lose your job. But if you don’t go to jail, regardless of the what the conviction is, you may keep your job still.”

What length of sentence is he facing?

Attempted murder with a firearm carries a mandatory minimum sentence of four or five years in prison, depending on whether the firearm is classified as restricted. Forcillo’s lawyer has said that the gun he used is considered restricted. The maximum mandatory sentence for attempted murder with a firearm is life imprisonment.