I'm Just A Poor Boy, Nobody Loves Me

That famous line from Queen's Bohemian Rhapsody might have been the inspiration, and is certainly the subtext, for James Forcillo and his lawyer's pleas that poor baby James be allowed to serve whatever sentence is passed down to the killer of Sammy Yatim as house arrest.

The officer’s acquittal on a charge of second-degree murder means his use of lethal force was justified and the mandatory minimum penalty he faces is grossly disproportionate to his conduct, his lawyers argue in written submissions filed in Ontario Superior Court.

“The moral culpability of the applicant [Constable Forcillo] is at the lowest end that can be reasonably contemplated for an attempted murder conviction and there was no attendant harm to Mr. Yatim,” writes lead defence lawyer Peter Brauti.

In analyzing the verdict and the actions of Constable Forcillo, his lawyers maintain that it is not appropriate to impose a prison sentence. “The logical and legal effect of the jury’s verdict is that they accepted it was reasonable and necessary to kill Mr. Yatim,” states Mr. Brauti. “The second volley did not accelerate death in any way; it had no meaningful impact on Mr. Yatim’s health and it was incapable of causing Mr. Yatim any pain,” he adds.

Constable Forcillo’s lawyers also intend to appeal the actual verdict, but can not do so until after the sentencing.

Incidentally, unless he goes to jail, I assume Forcillo will continue drawing his police salary, as he is now.

Since I started with Queen lyrics, I'll end with them too, again from Bohemian Rhapsody:

Essy come, easy go, will you let me go?
Bismillah! No, we will not let you go. (Let him go!)
Bismillah! We will not let you go. (Let him go!)
Bismillah! We will not let you go. (Let me go!)
Will not let you go. (Let me go!)
Never, never let you go
Never let me go, oh.
No, no, no, no, no, no, no.
Oh, mama mia, mama mia (Mama mia, let me go.)

Come to think of it, the entire song seems applicable to Forcillo:

Sammy Yatim Killing: The Spin Cycle Has Begun

There is no question that the police and their supporters are desperate to 'change the channel' from the murder of Sammy Yatim to the terrible pressures police officers face. As I noted in a blog posting last evening, that organ of the right, The Globe and Mail, started the process with an editorial that can only be described as defensive and patronizing, urging all of us to just calm down.

Last evening, I was watching, and a Critical Incident Support Team member, Sgt Mike McAllister, talked about how devasting it can be for officers who take a civilian's life. To watch the accompanying video, click here.

In today's Star (which, by the way, has been providing excellent coverage of this tragedy) the officer involced in the shooting, Const. James Forcillo, a six-year-veteran of the force, is described by Toronto Police Association president Mike McCormack as distraught. “He’s having a tough time with it.” McCormack said the officer’s family is also “devastated” by the event.

Feelings of sympathy for the officer seem to abound: When asked Tuesday night if Forcillo was devastated by the turn of events, a colleague at 14 Division said: “That’s an understatement.”

Says Forcillo's lawyer, Peter Brauti:

“Like any officer involved in a loss-of-life incident, this officer is devastated,” Brauti said. “All we can do at this point is wait for the investigation into the matter to conclude. It is important that people not rush to judgment in this matter.”

By the way, Brauti said his client has not yet been interviewed by the SIU. He is still reviewing the information provided to him before advising his client whether he should exercise his right to remain silent. He may be devasted, but clearly doesn't necessarily believe that confession is good for the soul.

Meanwhile, perhaps we should limit the word devastated and its variants to Sammy Yatim's family who, for the rest of their lives, must live with the loss inflicted upon them by an officer apparently too quick to shoot and too slow to ask questions.