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"Toronto police officer charged in Sammy Yatim shooting"

Cloud Cover said:
Public Order units must be on standby,

The Police Chief announced he has suspended Forcillo's salary effective today. Sammy's mother is suing the City for $8 million. His father for another $7 million...

"According to Melody Garcia, another passenger, Yatim "took his penis out with one hand and a knife in another."

Jul 29, 2016

Forcillo granted bail as he appeals conviction in Yatim death
http://www.680news.com/2016/07/29/forcillo-granted-bail-appeals-conviction-yatim-death/
A Toronto police officer sentenced to six years for gunning down a troubled teen on an empty streetcar three years ago has been granted bail while he appeals the conviction.

 
21 Dec. 2017

Const. James Forcillo facing additional charges
http://www.msn.com/en-ca/news/canada/const-james-forcillo-facing-additional-charges/ar-BBH8653?li=AAacUQk&ocid=ientp

 
Necrothread bumped with the latest from the Ontario government
Dr. Bonnie Burke, Regional Supervising Coroner for Central Region, Toronto East Office, announced today that an inquest will be held into the death of Sammy Yatim.

Mr. Yatim, 18, died in hospital on July 27, 2013, after being shot by police inside a Toronto Transit Commission streetcar. An inquest is mandatory under the Coroners Act. 

The inquest will examine the circumstances surrounding Mr. Yatim's death. The jury may make recommendations aimed at preventing future deaths.

Details regarding the date and location will be provided at a later date when the information becomes available. Dr. David Cameron will preside as inquest coroner and Michael Blain will be counsel to the coroner.
Also, a quick update on from 6 Dec 2018 ...:
The Supreme Court of Canada won't hear the appeal of a Toronto police officer convicted of attempted murder in the shooting death of teenager Sammy Yatim aboard a streetcar … One of Forcillo's three lawyers, Michael Lacy, was in court Thursday but issued a brief statement over Twitter.  "Mr. Forcillo exercised his right to ask the [Supreme Court] to grant him leave to appeal. The Court declined to do so this morning. We respect that decision," Lacy tweeted.  "This ends the legal proceedings and Mr. Forcillo will now continue to serve out his sentence." ...
… and 23 July 2019:
A misconduct charge against a Toronto police sergeant who tasered Sammy Yatim as he lay dying of gunshot wounds has been withdrawn by a police disciplinary tribunal.

Sgt. Dusan Dan Pravica tasered Yatim, 18, shortly after he had been shot eight times by Const. James Forcillo on a streetcar on July 27, 2013.

On Tuesday, Insp. Shane Branton said the matter had been resolved "by alternative means that were amenable to both parties."

Pravica was not present at the hearing. His lawyer, Joanne Mulcahy, said he and Yatim had participated in mediation.

Joseph Figliomeni, lawyer for Sammy Yatim's father, told the tribunal that his client was "satisfied" by the outcome of that mediation, which was run though the Office of the Independent Police Review Director (OIPRD.)

He said that the process "gave Mr. Yatim the opportunity to share his views with Sgt. Pravica in a dignified and respectful setting." ...
 
The jury may make recommendations aimed at preventing future deaths.

Since Sammy was inside the streetcar,

One recommendation might be to show officers in divisions that include streetcars how to close the doors from outside using the hidden button meant for that purpose.

Not saying it would have made a difference in this case.  But, it's good to know.

The last remaining CLVR / ALRV type involved in this incident should be out of service by the end of this year. The new Flexity Outlook likely has something similar. But, it went into service after I retired.

mariomike said:
Sammy's mother is suing the City for $8 million. His father for another $7 million...

I wonder if Toronto taxpayers will ever be told how much the final settlement is, or if it will be "an undisclosed amount".

From what I understand, they are typically covered by confidentiality agreements. Unless it goes to trial.
 
Its actually a sad state [IMO] that they didn't know what to do in this situation.  My jail crisis team could have easily solved this one.....hmmmm, contained with a weapon??….a little bit of aerosol with a bite to it, and eat pizza until he decides the environment in there is not to his liking anymore.  "Say what?"  "Oh yea, be with ya' in a minute...." ;D
 
Bruce Monkhouse said:
Its actually a sad state [IMO] that they didn't know what to do in this situation.  My jail crisis team could have easily solved this one.....hmmmm, contained with a weapon??….a little bit of aerosol with a bite to it, and eat pizza until he decides the environment in there is not to his liking anymore.  "Say what?"  "Oh yea, be with ya' in a minute...." ;D

How do you figure? From when the first officer arrived on scene to when Forcillo fired was just under a minute. He had already requested backup with a taser and had already for the intention to contain and take it from there. Unfortunately before any of that could happen, Yatim crossed Forcillo’s ‘line in the sand’ and was shot. Given the weapon and the nature of the threats, Forcillo had decided he would not allow Yatim, while brandishing the knife, to make it out of the streetcar. That was all sound thinking and consistent with training.

At trial, Forcillo was acquitted of murder because the first three shots he fired - which were fatal - were found to be justified self defense. He was convicted of attempted murder based on the second volley of shots fired after Yatim was down and immobile. He has justifiably shot to stop; he was convicted for separately and subsequently shooting to kill, but only convicted on the attempt because the first justified volley was already fatal.

All said and done it was extremely fast. No team would have been in place in that time. Had Yatim continued pacing and ranting on the streetcar for a few more units, undoubtedly the tactical guys would have begun showing up and it would have transitioned into what for the Tac dudes is a very routine, albeit high risk situation. Even at that, Yatim would probably still have been shot had he moved to exit the streetcar.
 
Bruce Monkhouse said:
My jail crisis team could have easily solved this one.....

How to operate the doors of Toronto streetcars from the outside is not something a correctional officer would ever do.

I was careful to type, in italics ,

Not saying it would have made a difference in this case


But, for Toronto police officers, firefighters and paramedics who get sent to streetcar incidents,

But, it's good to know.

From Reply #62,

News Release

Inquest into the Death of Sammy Yatim Announced

July 31, 2019

The jury may make recommendations aimed at preventing future deaths.
https://news.ontario.ca/mcscs/en/2019/07/inquest-into-the-death-of-sammy-yatim-announced.html

Be interesting to see their recommendations.

As a Toronto taxpayer, for me it would be even more interesting to see how much the City pays out in the lawsuit.

But, unless the civil case goes to trial, I guess it will simply be for "an undisclosed amount".








 
mariomike said:
How to operate the doors of Toronto streetcars from the outside is not something a correctional officer would ever do.

I was careful to type, in italics ,

But, for Toronto police officers, firefighters and paramedics who get sent to streetcar incidents,

The flaw on that is that if there’s a suspect with a knife, you’re not going to send an officer in unnecessarily close hoping he can find a button while also being alert and ready to defend himself if the suspect suddenly makes a move. You’ve put that officer dangerously close to the arcs of fire for any lethal overwatch protecting him.
 
Brihard said:
You’ve put that officer dangerously close to the arcs of fire for any lethal overwatch protecting him.

As I said, in italics ,

Not saying it would have made a difference in this case.  But, it's good to know.

Not likely most Toronto police officers, firefighters and paramedics would even know where to find it.

It was part of the training in the unit I was assigned to. There's been three different types of streetcars in the city since I hired on.

And, as you say, for officer safety, it may not have even been an option to consider. Assuming they were aware of it.

News Release

Inquest into the Death of Sammy Yatim Announced

July 31, 2019

The jury may make recommendations aimed at preventing future deaths.
https://news.ontario.ca/mcscs/en/2019/07/inquest-into-the-death-of-sammy-yatim-announced.html

This discussion has been active for six years. As the inquest was only announced three days ago, I suppose we will have to be patient and continue to wait for the recommendations.





 
mariomike said:
As I said, in italics ,

Not likely most Toronto police officers, firefighters and paramedics would even know where to find it.

It was part of the training in the unit I was assigned to. There's been three different types of streetcars in the city since I hired on.

And, as you say, for officer it may not have even been an option to consider. Assuming they were even aware of it.

This discussion has been active for six years. As the inquest was only announced three days ago, I suppose we will have to be patient and continue to wait for the recommendations.

It’ll be interesting for sure. In the very limited time they had on scene, and given the space they had to work with, I don’t see that much could have been reasonably expected to be done differently up to the firing of the first shots. Even had a taser been immediately on scene, that would have been a very iffy shot. The probes spread at just under 2” separation per foot of distance. They would have had to get dangerously close to use it and might have provoked a charge by the suspect while doing so.

It’s important to realize that police encounter barricaded people with knifes reasonably frequently. In most cases keeping distance, containing, and talking works to achieve a peaceful surrender. If the dude decides he’s going to suddenly come at you, options get very limited, very fast...
 
Bruce Monkhouse said:
Don't make me giggle...

And I'm certainly not knocking the cops on scene for calling for it.  It's just such a ludicrous call to have to make.  "We got a hockey game going on here, quick, send us a tennis raquet".
He should have just been able to go to the trunk and pull out the "have a nice day" tank with nozzle.
 
Bruce Monkhouse said:
And I'm certainly not knocking the cops on scene for calling for it.  It's just such a ludicrous call to have to make.  "We got a hockey game going on here, quick, send us a tennis raquet".
He should have just been able to go to the trunk and pull out the "have a nice day" tank with nozzle.

You don’t bring spray to a knife fight. First couple members on scene will attempt to contain with lethal. Once that’s in place, THEN Zulu start pulling out other stuff. Taser will likely be the first this available. Depending on the police service, you might soon get bean bag shotguns or 40mm with soft tip rounds that can work to distract or get pain compliance from a safer distance than taser. Once tactical gets on scene (usually with a negotiator en route), then things will slow down a bit and get more deliberate.

Chemical irritants will be one of the last things considered, because generally they don’t work well and will cause problems for your own guys. Usually you’ll only see chemicals deployed to try to flush a barricaded out of an enclosed space where for whatever reason time and negotiation isn’t deemed to be working.
 
Brihard said:
You don’t bring spray to a knife fight.

But you 'call for a taser backup"?  Just wow....this is getting silly.

I can deliver that "chemical irritant" from a very fair distance and if you say it isn't effective, then practice it more.  Pain compliance is not even going to slow down that lad,....sucking for enough oxygen to keep fighting will.
 
Bruce Monkhouse said:
But you 'call for a taser backup"?  Just wow....this is getting silly.

I can deliver that "chemical irritant" from a very fair distance and if you say it isn't effective, then practice it more.  Pain compliance is not even going to slow down that lad,....sucking for enough oxygen to keep fighting will.

Yes. Tasers, when effective, incapacitate. They aren’t pain compliance when employed in probe mode; neuromuscular incapacitation is achieved by putting enough current between two points in the body to lock up the musculature. Chemicals debilitate, but we’re all trained, through our own exposure to same, to fight through it. That training is as much about us knowing that the *other* guy can fight through as it is about knowing *we* can. I’ve been tasered twice as well. If it connects, you’re generally going down and completely unable to fight it. Someone sucking wind can still swing a knife. You don’t bum rush a guy holding a knife.

With lethal overwatch in place, tasers are absolutely appropriate to have shoulder-to-shoulder with an officer with lethal. Legacy cartridges are good for about 21’, the new ones are good for about 25’. Still not a comfortable distance from a knife, but they’re an option that can be safely used within the reactionary gap so long as your cover officer is switched on. Last time the guys in my crew had a knife stand-off that’s what happened; the first two members on scene had guns out (unfortunately the only guy qualified and equipped with 40mm was the first on scene and stuck with gun), and the third then was able to deploy taser. It took a couple shots to connect due to clothing, but it worked.

Taser would not have been ideal in this case due to the tight confines of the streetcar, but it was still the appropriate option given what’s on the road. Police don’t generally roll with extinguisher sized OC unless it’s a public order unit. It can work if the plan is to spray, distract, then hit them with a polyester pig pile, but that’s not really a sound COA up a set of streetcar stairs, in a doorway, against an offender with a knife.

SOP, had he not advanced and forced the shot, would have been contain, negotiate, and use time and space. That seemed to have been Forcillo’s intent, he just didn’t have time to do it. They might have elected to attempt taser, and it could certainly have worked if the guy with it was a good shot... But that still would have left Yatim up in a streetcar with a known knife immediately at hand and who knows what else in his pockets.

I recognize there are TTPs, resources, and capabilities that will be much more effective within an institution than in a street environment. The significant difference doesn’t make what I’m saying ‘silly’. I can’t speak for what you guys do or how. I can speak, from experience, to how we deal with a guy in a vehicle in a public setting who’s brandishing a blade. Fortunately in the few such situations I’ve been to, we’ve been able to talk things out while maintaining proper overwatch.

Forcillo did things as right as he could be expected to up until the second volley of shots. That inexcusable error is why he’s in prison.
 
I too have been tased, awesome equipment, wish we had them. I however am NOT going to miss with my launcher [well maybe the first couple ;D] and can keep firing until he's a ball-bruised cloud of gas. I'm not talking about standing there with a can of foam...…

I'm not trying to assign blame here, its doing with what you have, [just like I'd love tasers on our tac teams, it's *stunningly stupid we don't] I'm just saying there should be more options if "they" are serious about having different outcomes.

* yes I went there. :whistle:

 
Bruce Monkhouse said:
I too have been tased, awesome equipment, wish we had them. I however am NOT going to miss with my launcher [well maybe the first couple ;D] and can keep firing until he's a ball-bruised cloud of gas. I'm not talking about standing there with a can of foam...…

I'm not trying to assign blame here, its doing with what you have, [just like I'd love tasers on our tac teams, it's *stunningly stupid we don't] I'm just saying there should be more options if "they" are serious about having different outcomes.

* yes I went there. :whistle:

Oh, you’re talking a pepperball launcher. Ok, I was picturing one of the big ‘riot extinguishers’. Yeah, much better stand-off with a launcher... though again there’s gotta be a plan beyond turning a criminal into a seasoned criminal... It can be a way to make things suck enough that he may quit- but could alternatively provoke a charge. Suicide by cop is one of the big risks in these things.
 
Brihard said:
The flaw on that is that if there’s a suspect with a knife, you’re not going to send an officer in unnecessarily close hoping he can find a button while also being alert and ready to defend himself if the suspect suddenly makes a move. You’ve put that officer dangerously close to the arcs of fire for any lethal overwatch protecting him.

For reference to the discussion,

Defence lawyer Peter Brauti, "closing the streetcar doors by flipping the switch on the outside of the vehicle was not an option for fear Yatim might commandeer the vehicle "and start ripping through Toronto with 40 tonnes of steel."
https://nowtoronto.com/news/sammy-yatim-gone-in-60-seconds/

The service brakes will be applied as long as the doors are open and the interlock  over-ride switch is off.

Not sure if that was the thinking at the time. But, the concern raised by the officer's lawyer in court about closing the doors from the outside was that with the secondary air released  , Sammy might hijack the 505 Dundas car for a wild ride through the west-end!

It's been known to happen in Toronto,

Hijacked streetcar: Members of the Metro police Emergency Task Force last night used tear gas to subdue a man who had commandeered a TTC streetcar.
https://www.torontopubliclibrary.ca/detail.jsp?Entt=RDMDC-TSPA_0121208F&R=DC-TSPA_0121208F&searchPageType=vrl

We'll have to stay tuned for the inquest.

Brihard said:
Oh, you’re talking a pepperball launcher.

Had to look that one up.  :)
https://www.youtube.com/watch?v=DRbmtL8NW6Y

Awesome!







 
James Forcillo is out on day parole, as of last month.  https://www.cbc.ca/news/canada/toronto/forcillo-granted-day-parole-1.5250316

Convicted and imprisoned. Divorced and lost everything. Sued into oblivion. It’s not going to be an easy life for him going forward.
 
Cloud Cover said:
James Forcillo is out on day parole, as of last month.  https://www.cbc.ca/news/canada/toronto/forcillo-granted-day-parole-1.5250316

Convicted and imprisoned. Divorced and lost everything. Sued into oblivion. It’s not gong to be an easy life for him going forward.

No it will not. But it sends an important message across the profession. Actions have consequences. Know what is and isn’t OK. Police are entrusted with a very great deal of authority and discretion, and it must be wielded responsibly.
 
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