Yatim’s injuries shouldn’t factor in Forcillo’s sentence, defence argues
Posted May 18, 2016 1:15 pm.
Last Updated May 18, 2016 7:47 pm.
This article is more than 5 years old.
The defence strategy for a police officer who was found guilty of attempted murder of Sammy Yatim has taken a bizarre turn in Wednesday’s sentencing hearing.
Peter Brauti, Const. James Forcillo’s lawyer, says that the injuries Yatim suffered should not be a mitigating factor in the sentencing.
Forcillo was found not guilty of second-degree murder in the videotaped shooting death of Yatim that happened on a streetcar on July 27, 2013. Forcillo was found guilty of attempted murder.
The crown is asking he be sentenced to 8-10 years in prison. The defence says Forcillo should not serve any time in jail, but should instead be given a conditional sentence that carries no criminal record.
Forcillo’s lawyer says that since Yatim was rendered paralyzed by the first volley of shots, he wouldn’t have felt the pain of the bullets from the second volley, for which Forcillo was convicted.
Brauti argued that because Yatim didn’t survive the shooting, he didn’t have to endure the pain of surgery and life of a paraplegic.
“This person is not going to have to live with this for the rest of their lives. Mr. Yatim had been shot and died. He didn’t have to live with any of those things, nor any health impact,” Brauti said.
“If someone becomes angry at someone who is a paraplegic and decides they are going to kill him and shoots at him six times, the paraplegic feels nothing. So there is no harm? The harm wasn’t felt?” Justice Edward Then asked. “This strikes me as [an] odd [argument].”
Sammy Yatim’s mother broke down in court following the defence’s argument.
Sahar Bahadi’s tears turned into sobs and wails as she was helped out of court by a victim services worker.
Her screams could be heard in the courtroom for more than 10 minutes as she was outside in the hallway, crumpled on the floor. Court staff led Bahadi to a chair in the hallway where she continued to sob.
When court recessed for the morning break, Bahadi, with two people holding her up on either side, walked past Const. Forcillo, who did not react.
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