A Further Reflection

At the risk of seeming a tad obsessed about James Forcillo, I feel compelled to do yet another post on him and Sammy Yatim, the troubled teen he recklessly and needlessly gunned down three years ago.

We all know there is a great deal of injustice in the world, the bulk of which is not open to easy resolution. Sometimes all we can do is bear witness to that injustice and the suffering it causes. Although hardly an adequate response, a small gesture at best, it is, in my view, better than silence.

First, on the fact that Forcillo has been granted bail due to his pending appeal, this is what Justice Eileen Gillese had to say about releasing the criminal officer:

“Despite the seriousness of the offence for which the Appellant stands convicted,” she wrote, “in my view, fully informed members of the community will objectively understand and accept that it is not contrary to the public interest that he be released.”

The fact that he will now be under house arrest pending his appeal (which begs the question of whether house arrest will constitute 'time served' should his conviction be upheld) is not sitting well with everyone:

Criminal defence and constitutional lawyer Annamaria Enenajor, who wasn’t involved in the case, said there can be a disconnect between what the courts may consider to be supporting public confidence in the justice system and what the public actually feels.

“As a member of the public, I’m outraged by the conduct of Officer Forcillo but I also I view it in the broader context of police violence and impunity. So my understanding of what diminishes my confidence in the administration of justice might be quite different than that of a judge who is really only dealing only with the case in front of them,” she said.

“The reasonable person, who according to the court who is the holder of the public opinion, is somebody who trusts the police, believes the police implicitly and has confidence in them. And that’s not generally representative of many members of society.”

Annamaria Enenajor may be reflecting the concerns of the broader community here, but what about those of the Yatim family, who have suffered grievously over the loss of their son and brother?

Nabil Yatim, Sammy's father, speaks of their ongoing trauma:

Yatim, 68, is thoughtful, articulate, reflective, but he struggles to explain the pain of the past three years. “You go through hell and back — how I can describe that more?”

Immediately after getting the news of his son’s death while on a business trip in the U.S., Yatim, a retail management consultant, says he took things hour by hour, day by day. He became a “hermit,” never wanting to go out, avoiding family and friends, because the subject was always the same.

“You’ve been thinking about it all day and all night, the last thing you want to do is talk about it some more, so you become isolated,” he said. “And you just kind of nurse your wounds, in a sense. It was horrible. It still is.”

Harder still is the public nature of the family’s grief. Sammy’s death and the unprecedented conviction of a police officer for attempted murder have made international headlines. Yatim finds himself reluctant to introduce himself to strangers, knowing his name will prompt questions — are you related to Sammy?

“People are so nice, and they mean well, but sometimes you just don’t want to open up (your) wounds again, every minute of every day.”

With psychiatric help and medication, Yatim says he is at least now able to sleep. “I have a little bit more strength than I thought,” he said.

But he and his wife are not the only people contending with the aftermath of Sammy's death. Sammy's sister, two years younger than her brother, has undergone trauma that I think few of us can fully appreciate:

In the hours after Sammy’s death, it was Sarah, then 16, who had to identify her brother’s body. She is “traumatized,” and has dropped out of school. “I am very concerned about her,” Yatim said.

He is trying to get her professional help, even check her into a residence program to treat post-traumatic stress, but the family can’t afford it, Yatim said.

The other day, in speaking on the conviction of Forcillo, Mike McCormick, head of the Toronto police union, said,

“This is a tragic day for the Forcillo family, the Yatim family - there will never be any good outcome from this, it's tragic all around.”

That may well be, but perhaps Nabil Yatim's pained observation about Forcillo sums up a stark reality that puts things into a truer perpesctive:

“He gets to go home. My son sleeps in an urn.”

A Skating Party For Forcillo

What many of us feared has happened. James Forcillo has been granted bail:

Justice Eileen Gillese’s decision was released to counsel by email this morning.

“The Appellant’s release, pending the determination of his appeal, poses no risk to the public as there is no risk that he would commit further offences,” Gillese wrote.

“For the reasons given, despite the seriousness of the offence for which the Appellant stands convicted, in my view, fully informed members of the community will objectively understand and accept that it is not contrary to the public interest that he be released.”

I guess Justice Gillese's definition of the public interest is far narrower than mine. It should bother everyone that the public's interest in seeing justice swiftly served continues to be ignored.

Kind of gives new meaning to the term 'contempt of court,' doesn't it?

Forcillo Is Sentenced, But Is It Justice?

Toronto police officer James Forcillo, who gunned down Sammy Yatim three years ago, has been given six years for his despicable act. Is it justice? I don't know.

To Serve And Protect Who?

Were I so inclined, I could probably devote this blog solely to police misconduct, so extensive does it seem. Perhaps it is due to the Forcillo conviction for the attempted murder of the late Sammy Yatim that we are more sensitive to the issue, but each day seems to bring new information about police behaving badly. A crisis of public confidence is not too strong a phrase to describe the public's growing distrust of those sworn to protect and serve.

And to make matters worse, as I observed in a post earlier this week, the police, or at least their unions, are reacting with outrage rather than humility at these charges and convictions, a fact that does not bode well for changing the culture and profile of our protectors.

In its letters section today, The Toronto Star features an entire page of public reactions to the Forcillo conviction. Each letter is worth reading, but I reproduce just a few below to offer you a sampling of sentiments:

.... Police spokespeople have publicly worried that the verdict will “send a chill through the force.” But if a chill is what it takes to soothe the itchy trigger fingers of cops like Forcillo, then it’s exactly what we need. These men and women are given public permission to patrol our streets armed with increasingly deadly force. It’s time they understood that public scrutiny is part of that privilege – scrutiny that will become a bit uncomfortable now and then. Or are we supposed to look the other way when a citizen is killed?

As your editorial notes, the verdict will be small comfort to the Yatim family, but at least it’s something. And the Star deserves credit for its excellent series on police abuse and accountability in the GTA, “Breaking badge.” I believe that it has helped to shift our outdated attitudes towards the police.

Andrew van Velzen, Toronto

The TPS police union boss, Mike McCormack said he is “disappointed with the guilty finding and it sends a chilling message to other cops.” I agree. Indeed, disappointing the original charge was reduced and chilling that the blue wall choose to close ranks to protect a criminal in their midst rather than “serve and protect” the public.

Time for handlers at the senior police levels and politicians to take note. No more impunity for bad cops who have previously executed the emotionally or mentally upset among us. Rather than deescalating the situation. A overdue message to any cop who may wish to play fast and loose with civilian lives. Now consequences attached.

This is the first time in Ontario history a out of line cop actually has been convicted. Now the question is, will his legal weasels continue to attempt to subvert justice by their gyrations allowing this soon to be ex-thug in blue to escape?

Paul Coulter, Kincardine

Forcillo’s lawyer spoke of “trial by YouTube.” How about “trial by seeing is believing” or “trial by a picture is worth a thousand words.”‎

Let’s be clear here; no video, no conviction. All on-site police testifying in court would have backed and supported their brother’s need to use the excessive force repeatedly delivered on a dead or dying individual.

Tim Strevett, Hamilton

As in countless other trials, no one has emerged a winner here. Both Forcillo and Yatim’s family have lost.

I have to wonder, however, at the defence decrying the video shot that night, and suggesting it precluded a fair trial. When the police install cameras in the city and seek greater powers to snoop, we are told, if you are not doing anything wrong, you should not fear this surveillance. It seems, in this unhappy case, the police have learned they, too, are being watched and recorded.

Video evidence is virtually unrefutable; that’s why law enforcement wants it. Now, however, it seems the shoe is on the other foot.

G.P. Wowchuk, Toronto

...what should be most disturbing to the public is Mike McCormack’s reaction that the verdict is sending a “chilling message” to the police. The police still don’t get it. This reaction is itself sending a cold blooded warning to the public.

Torontonians have reason to beware the police when their spokesperson insists on their right to remain above the law.

Tony D’Andrea, Toronto

More On James Forcillo

H/t Toronto Star

In response to yesterday's post, both the Salamander and the Mound of Sound offered some interesting commentary. The Salamander has experience in dealing with troubled and armed youth, as you will see, and The Mound has had careers both in journalism and the law. I am therefore reproducing their respective observations below:

.. the slow motion process of the Forcillo trial re the killing of Sammy Yatim has come to a temporary junction point. the toronto newstalk jocks can't get enough of expert opinion, so called public sentiment & various views from officialdom. In the past I described my own experiences, to the estimable Mound.. wherein I was called upon to deal with emotionally disturbed teens, drug addicted teens and triple maximum security juveniles.. I was never armed by the way.

Sammy Yatim was troubled, delusional & psychotic.. 1/2 of a collision looking for the other 1/2 .. that's very clear via video evidence, medical history & post mortem toxicology. He was 'out there' .. 'crispy' & as likely to try and swim to Rochester as he was to confront a dozen armed police.

But the killing is really about fearful Forcillo, a known hothead cop who'd pulled his gun a dozen times in 3 years. So lets keep the event very very concise, shall we? Most anyone has seen the various videos of Sammy Yatim's last moments & is aware of Forcillo's 'defense'.

Of course I'll paint it in a slightly different light.. as I've been there, done it, got the t-shirt.. dealing with delusional drug addled teens.. with a weapon.. and nobody died!

Forcillo and his female partner arrived on scene as a seemingly damn cool TTC driver gave up and left his streetcar. 'Taking charge' .. so to speak, Forcillo confronted the teen from a close but safe distance, shouting profanity laden 'orders' as his memory challenged partner holstered her weapon.

In the midst of numerous armed cops beside and around him, Forcillo feared for his life, such was the threat of knife wielding Sammy Yatim, up there inside a streetcar. Really now? Armed cops standing on either side of him, behind him, at the rear doors etc.. and Forcillo thought the teen could fly like a witch and get to him from the streetcar, without descending the steps & covering the 10 foot gap to that crowd of armed cops?

Forcillo exemplifies 'failure' .. the 'fearful' defense is so limp that its to laugh at.. but the Force must close ranks. In reality I suspect other cops curse Forcillo on a daily basis. The idea that his 'training' was to do what he did in approx 50 seconds of disastrous failure is to laugh at. Somewhere right near the bottom of the Toronto Police hires in the last 5 years is Forcillo.. a weak link deserving to drive a desk.. maybe in data entry or vehicle maintenance.. To let him deal with the public, much less ever own a gun again would be a travesty.. Amen, end of story.

I'm not satisfied the judge handled the case correctly either, Lorne. The judge issued revised instructions to the jury after they had deliberated that, to me, sounded bizarre.

The whole theory of whether this was one or two shooting events was confusing. The coroner testified about the nature of the wounds inflicted at the outset, when Yatim had been standing, contrasted with the subsequent wounds from bullets that struck a prone victim. Wound paths are readily traceable.

As I understand it the forensics suggested the initial three wounds were mortal. Yatim would have died without more. How then to treat the next five wounds? The Crown chose to treat that as attempted murder.

In firing squad executions is the coup de grace administered after the initial volley a separate event? I don't see it that way. It's collateral to the first shots.

I think an appellate court might order a retrial. I suspect that better Crown counsel might rethink the prosecution theory and look beyond the 5-second pause.

If, as the video suggests, Yatim collapsed with the first shot, were the second and third really justified? Was the first shot warranted unless Yatim made some clear move to exit the streetcar such as stepping into the stairwell? That, to me, was the obvious threshold to the "self defence" business.

I think the Crown may have muddied the waters and left the judge to deliver an incoherent, confusing charge to the jury. Were I sitting on the appeal I think I would set aside both verdicts and direct a new trial.

Not A Moment Of Humility Or Uncertainty

I have avoided writing about the semi-acquital of Sammy Yatim's killer, Officer James Forcillo, partly because it sickens me when miscarriages of justice occur. Adding insult to injury is his lawyer's attempt to get his conviction for attempted murder stayed

...because Forcillo “substantially followed his training,” which was provided by the state.

“The state,” he said, “should be disentitled to a conviction because they . . . provided the training to him.”

Even more upsetting is the reaction of the police union, which you will see in a moment. But first, I'd like you to take a look at a clip about an execution perpetrated by the Cleveland police three years ago; especially offensive is the reaction of their union which, as you will see in the second clip, has some eerie echoes of Toronto police union head Mike McCormack's comments on Forcillo's conviction.





MsCormick laments that it sends a chilling message to front-line officers, as well it should. Unfortunately, the real message they will refuse to process is that when they violate their oath to serve and protect, they will be held accountable by the state, however imperfectly.

Humility, not police outrage, would be the proper reaction in both the Cleveland and Toronto cases.

Remembering Sammy Yatim

To listen to James Forcillo, the Toronto police officer who shot Sammy Yatim eight times as the knife-wielding teen stood inside an empty streetcar, he had no choice but to kill him:

"If I had done nothing, he would have stabbed me," Const. James Forcillo said at his trial, being held in front of a jury in Ontario Superior Court. "If I had waited for the Taser, he would have been off the streetcar. He forced my hand. He was the one who decided to come forward."

If you have watched any of the video of that fateful night (available on this blog), you will likely find that a difficult defence to accept, especially given the distance that separated Yatim and Forcillo. Was there a better way to have handled the situation? A recent machete attack in Toronto that was stopped by two unarmed security guards suggests there was:

The security guards in the above say that they were just doing their job. It's a pity that the Toronto police seem to have an entirely different way of looking at their positions. It is a perspective that has raised the ire of some Toronto Star readers:

Re: Security guards were just doing their jobs, Dec. 26

Please help me to understand this situation. On Dec. 23, an unarmed security guard was willing and able to risk his life by tackling and disarming an apparently agitated, machete-wielding man who had already injured an apparently innocent passerby.

In contrast, early in the morning of July 27, 2013, one Toronto Police Service officer fired multiple rounds into a knife-wielding man who had harmed no one, and another TPS officer deployed a taser on the recumbent, mortally wounded man.

Three questions: First, why is the TPS failing to train its officers as well as the security company seems to have trained its guards?

Second, why is the TPS failing to recruit officers who are apparently as brave and resourceful as this security guard and his partner demonstrated themselves to be?

Third, if the TPS had attended at the incident on Dec. 23 would we now be facing another scenario in which an accused person never had the opportunity to stand trial for the charges against him?

Edward Bricknell, Toronto

There is an important lesson to be learned from the recent incident near the Eaton Centre, where a man wielding a machete and a hunting knife was successfully disarmed by two security guards.

It would have been easy for them just to call the police, but the situation required immediate action to avert any further danger to the public. The security guards followed their training and immediately resolved a volatile situation that could have resulted in many more casualties.

This should be a salutary reminder to law enforcement officers when dealing with armed assailants. The use of a lethal weapon to resolve such situations must remain an option, but only as a last resort, not a first response.

Keith Spicer, Oakville

The headline says it all about Nathaniel McNeil, the unarmed security guard who tackled a machete-wielding man near the Eaton Centre. How many times have the Toronto police encountered a knife-wielding person (often mentally ill) who ends up being shot and killed. Perhaps the Toronto police should follow the example and/or learn from these security guards.

J.G. Wong, Toronto

So a security guard is able, with his bare hands, to disarm a machete-wielding lunatic who had attacked an innocent bystander, yet Constable Forcillo, flanked by members of his force, felt it necessary to pump 8 bullets into Sammy Yatim despite the fact that no citizens were at risk.

What a coward.

Michelle McCarthy, Toronto

You can read the rest of the letter here.

Sammy Yatim's Accused Killer Back On The Job

While the presumption of innocence is fundamental to our justice system, common sense and public sensibilities are always unspoken elements of the equation. This is clearly seen, for example, in jury selection, a good part of which is designed to ferret out and exclude from participation those with prejudgments that could affect the rights of the accused to a fair trial.

With that preamble and proviso out of the way, what I express in the following is simply my opinion, a perspective informed by news coverage of the accused and the aforementioned common sense and public sensibilities.

I have written several past posts on Sammy Yatim and related matters of police abuse of their authority. Yatim, readers will recall, was the 18-year-old whose death at the hands of police on July 27, 2013, was captured on video. While holding a knife in an empty streetcar, presenting no immediate threat to the many police who were on scene, Yatim was shot to death by Const. James Forcillo, who was later charged with second-degree murder.

Now, incredibly, just a few days after the beginning of his preliminary hearing, word has arrived that Forcillo has been back on the job since February.

The decision to have Const. James Forcillo return to duty — after a seven-month suspension with pay — was made by Chief Bill Blair.

“The chief, using his discretion, made the decision to lift his suspension and since February he has been assigned to administrative duties here at headquarters,” spokesman Meaghan Gray confirmed Wednesday. “He is not in uniform and his job does not require any use-of-force options.”

A close Yatim family friend, Joseph Nazar, was stunned by the news:

This is a betrayal by the police chief,” Nazar said. “This officer is charged with murder and he’s working in a police station?

“If this is true, we’re not going to sit quiet about it,” he added.

Police union head Mike McCormick, “fully” supports the chief’s decision to lift Forcillo’s suspension.

“We encourage management to find meaningful work for suspended officers when possible, as long as any risk has been mitigated,” McCormack said. “And it actually happens quite frequently.”

He said it’s good for the officers, the service and taxpayers.

What McCormick failed to acknowledge is that it's not so good for the pursuit of justice, fosters the perception of a blue brotherhood with more contempt than concern for the public, and betrays an egregious disdain for a still-grieving family that will never again embrace their loved one.