The Toronto police officer convicted in the shooting death of Sammy Yatim will remain on bail until April 2018 after a fresh evidence application was brought forward and accepted by the appeal court.
Const. James Forcillo was convicted of attempted murder after he fired his glock handgun nine times in two separate volleys of bullets at Yatim on a streetcar in July of 2013.
Lawyers representing Forcillo will argue that his conviction for attempted murder is illogical and his sentence of six years is cruel and unusual. They will then ask that his conviction be quashed and a new trial ordered.
Forcillo has been out on bail since his conviction in January 2016. He would have been required to head back into custody by 6 p.m. Sunday ahead of the appeal, which is expected to take place on Monday.
However, his appeal has now been split and the fresh evidence, which is a report by two doctors, cannot be heard in court until April 3, 2018.
Forcillo’s bail extension now ends on April 2, 2018, when he must surrender himself.
During Forcillo’s trial the court heard from witnesses who said Yatim, 18, pulled out a knife while riding the busy streetcar, terrifying passengers. Videos of the incident and subsequent police shooting were played in court.
Jurors ultimately found that Forcillo was justified in firing the first volley of shots which felled Yatim, acquitting him of the more serious charge of second-degree murder.
During the appeal, the defence will argue that the shooting was one continuous incident and that splitting the case into two charges ended up in a verdict “that does not accord with logic or common sense.”
The defence will also argue that the judge made a mistake by excluding a expert evidence on the possibility that it was a case of “suicide by cop.”
Here’s a look back at our live reporting during Forcillo’s sentencing. For a mobile-friendly version, click here.