Actions of Toronto cop in fatal shooting of Sammy Yatim not necessary: Crown

TORONTO – A Toronto police officer’s fatal shooting of a teen on an empty streetcar two years ago was neither necessary, nor reasonable, a Crown prosecutor told a jury Tuesday as he described the graphic details of Sammy Yatim’s death.

Const. James Forcillo has pleaded not guilty to second-degree murder and attempted murder in the death of the 18-year-old, an incident that was captured on surveillance and cellphone video and triggered public outrage.

In opening statements to the jury that will decide Forcillo’s fate, Crown prosecutor Milan Rupic laid out a road map of the evidence he will present.

One of the fundamental issues for the jury to decide, Rupic said, will be whether it was necessary or reasonable for Forcillo to shoot nine bullets at Yatim while he was inside an empty streetcar surrounded by armed police officers.

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“The Crown intends to prove beyond a reasonable doubt that the shooting of Sammy Yatim was not necessary and it was not reasonable.”

In a detailed recounting, Rupic took the jury back to July 27, 2013, when Forcillo and Yatim came face to face.

At the time, Yatim had “moderate to moderately high levels” of the drug ecstasy in his system, according to an autopsy, Rupic said.

Yatim boarded a streetcar close to midnight, sat at the back and didn’t do anything to attract attention until four female passengers sat near him, court heard.

“Yatim began to engage in very strange and disturbing behaviour,” Rupic said.

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Yatim unzipped his pants and exposed himself to one woman, and at the same time took out a small switchblade, Rupic said.

“Yatim swung the knife in front of her but the knife didn’t touch the woman,” said Rupic. “The screaming females all got up and rushed to the front of the streetcar.”

The streetcar stopped and passengers poured out, but Yatim stayed behind, Rupic said.

Yatim looked out onto the street, yelled obscenities and then turned to the streetcar driver, who was still in his seat, and asked if he had a phone, Rupic said.

“The driver said ‘who do you want to call?’ Yatim then replied, ‘dad,”‘ Rupic said, adding that Yatim told the driver “Go, I’m not going to hold you for ransom.”

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Forcillo and his partner were the first officers to arrive on scene, Rupic said, noting that both had been told there had been no injuries on the streetcar.

Forcillo’s partner put her gun away shortly after arriving, but Forcillo’s weapon remained drawn as he stood near the front doors of the streetcar repeatedly telling Yatim to drop the knife, Rupic said.

Two more officers arrived and Forcillo asked one of them to call for a sergeant with a Taser, he said.

Yatim refused to drop his knife and called the officers a derogatory term in a “mocking” tone but remained on the streetcar and didn’t lunge forward, Rupic said.

The teen then moved a few steps back from where he had been standing and Forcillo told him if he took another step forward he would be shot, Rupic said.

Yatim then took two steps towards the spot he’d been in previously and Forcillo opened fire, court heard.

READ MORE: Jury selection begins in second degree murder trial of James Forcillo

“Of the five police officers who were in position at the immediate vicinity of the streetcar, the only police officer who fired their handgun was Forcillo,” said Rupic.

Two bullets hit Yatim in the chest – one caused a “catastrophic wound” to his heart which ultimately was responsible for his death, the other severed his spine, paralysing him from the chest down, and the third bullet fractured his right arm, Rupic said.

Yatim fell to the floor but was still moving slightly, and five seconds later Forcillo let off a second volley of shots which hit Yatim in the lower abdomen, penis and groin area, Rupic said.

“Over the course of the two volleys the defendant fired nine shots, eight of those bullets fired hit Sammy Yatim.”

Forcillo’s lawyer, however, painted a different picture.

“The defences you will be hearing about are self-defence and justification,” said Peter Brauti, who told the jury Forcillo would be testifying.

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Forcillo was trained that the “most common and appropriate response” when confronting someone with a knife was drawing a firearm, Brauti said, and the officer found Yatim’s response to his commands “shocking,” because they told him the teen was “completely unafraid.”

Based on Yatim’s disregard for orders, his refusal to drop his knife, his “fearlessness” and “anger,” as Yatim took his final steps forward, Forcillo concluded the teen had decided to “commence the fight.”

“Waiting one more second could mean that Mr. Yatim was now off the streetcar making an attack unsafe to stop,” Brauti said.

Forcillo fired three shots because that’s how much he thought it would take to stop Yatim, who he concluded was high on drugs, Brauti said.

Forcillo then thought Yatim was getting up to continue “his efforts to attack,” which was why he fired his second round, Brauti said.

“Officer Forcillo was duty bound to hold the line, to put himself in danger to project the public and not allow Mr. Yatim off that streetcar armed with a deadly knife.”