The sentencing hearing for a Toronto police officer convicted of attempted murder in the shooting death of a teenager in a streetcar continues on Thursday.
Const. James Forcillo’s lawyer argued on Wednesday that the injuries Sammy Yatim, 18, suffered from a second round of bullets should not be a significant aggravating factor in determining the officer’s sentence.
Yatim’s mother broke into tears and rushed out of the courtroom as lawyer Peter Brauti said her son was already dying from wounds caused by the first volley of bullets legally fired by Forcillo.
Justice Edward Then, who will decide Forcillo’s sentence, noted that there was still “substantial harm” caused to Yatim from the second volley of six bullets fired by Forcillo.
Brauti is seeking a sentence of house arrest for Forcillo while Crown prosecutors have asked for a prison term of between eight to ten years.
In July 2013, Forcillo fired two separate volleys – three shots and then six shots – at Yatim, who had consumed ecstasy and was wielding a small knife on an empty streetcar.
A jury acquitted Forcillo of second-degree murder in the Yatim’s death, but found the officer guilty of attempted murder for continuing to fire after the dying teen had fallen to the floor.
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