Sammy Yatim Shooting

[Skeezix]

Not sure I understand the verdict, other than the fact that the jurors probably found Forcillo culpable but thought second degree murder was a stretch. If Yatin is dead, how is it attempted murder?

 

[ttk77]

So, are there any legal experts on here that can comment on how he can be guilty of attempted murder but not murder given that Yatim died?

 

[AlvinofDiaspar]

Not sure I understand the verdict, other than the fact that the jurors probably found Forcillo culpable but thought second degree murder was a stretch. If Yatin is dead, how is it attempted murder?

Don't know, but the judge issued very specific conditions for when it applies.

AoD

 

[basic]

Why not manslaughter then?

 

[ttk77]

Don't know, but the judge issued very specific conditions for when it applies.

AoD

Found this on twitter:

Alyshah Hasham
@alysanmati5m

For those confused, the ATTEMPTED murder charge related to the second volley of bullets while Yatim was lying on the floor of streetcar

 

[picard102]

Yes, the jury found that he was justified in shooting Yatim initially (the bullets that lead to his death, attached to the murder charge), but that his second burst of bullets was not (attempted murder).

 

[Cooper]

Why not manslaughter then?

Manslaughter doesn't require intent to kill. Attempted murder does. Also, IIRC, there's no minimum sentence for manslaughter. Attempted murder has a five-year minimum. Looks to me like the jury was trying to find a compromise. Probably couldn't agree on the second-degree murder, but didn't want to find for manslaughter because the members felt definite punishment is warranted.

 

[Skeezix]

To be precise (and any criminal lawyers here can correct me), it's not so much that they found the first volley to be "justified" (the jury did not opine on the merits), but rather that the circumstances did not (beyond a reasonable doubt) meet the tests for second degree murder or manslaughter.

 

[Jonny5]

The message to police here is direct and unmistakable: they are not handling people with mental illness in a civilized and intelligent manner; they know they are not handling them in a civilized and intelligent manner; and they have known this long enough that they are now liable for the consequences of willfully doing nothing about it.

Forget Forcillo as an individual. This verdict will finally force change from the top down because they have found out they can no longer escape on the crutch of training.

 

[picard102]

This verdict will finally force change from the top down because they have found out they can no longer escape on the crutch of training.

They did not give a guilty verdict on shooting someone with a mental illness, they gave a guilty verdict on shooting someone once they are down.
If anything this should re-enforce training on how to properly discharge weapons, and not to continue shooting after the suspect is down.

 

[animatronic]

Seeing as how Yatim was already dead after the first volley, maybe Forcillo's lawyer will try to appeal the charges down to causing an indignity under 182(b)

Every one who

• (a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
  
• (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

 

[salsa]

 

[Filip]

View attachment 64838

Where does one find employment where you are convicted of attempted murder, don't go into work, and continue getting paid?

 

[Palma]

Found this on twitter:

Alyshah Hasham
@alysanmati5m

For those confused, the ATTEMPTED murder charge related to the second volley of bullets while Yatim was lying on the floor of streetcar[/QU
Which shot actually caused the death though. If he knew he was still alive after 3 shots, then the extra shots were an attempt of murder which makes sense

 

[AlvinofDiaspar]

Where does one find employment where you are convicted of attempted murder, don't go into work, and continue getting paid?

Another antiquated provincial policy that made a mockery of the system:

http://www.thestar.com/news/crime/2...p-says-paid-suspension-a-dream-come-true.html

AoD