Attempted murder charge added to Sammy Yatim murder case

Toronto Police Const. James Forcillo leaves University Ave. court Tuesday, Aug. 20, 2013, after...

Toronto Police Const. James Forcillo leaves University Ave. court Tuesday, Aug. 20, 2013, after being granted bail on charge of second-degree murder in streetcar shooting of 18-year-old Sammy Yatim. (ERNEST DOROSZUK/QMI Agency)

Sam Pazzano, QMI Agency

, Last Updated: 7:23 AM ET

TORONTO — The Toronto cop accused of murdering Sammy Yatim, 18, now faces an attempted murder charge stemming from the same streetcar shooting.

Const. James Forcillo wasn't present in Superior Court Wednesday when the new indictment alleging that Forcillo "attempted to murder Sammy Yatim by shooting him with a firearm and thereby wounding him" was filed in court.

"I see the new charge as a fall-back position," Forcillo's lawyer, Peter Brauti, said in a phone interview.

"If the Crown cannot prove the murder charge, then they will go for attempted murder on someone who had already been shot with justification," said Brauti. "It is an argument which will require some very fine lines to be drawn."

Crown attorney Milan Rupic declined comment.

Yatim was fatally shot by Forcillo while he was alone aboard a Toronto streetcar on July 27, 2013.

Lawyers for both sides will be back in court for a judicial pre-trial conference on Sept. 22 and a trial is likely to be held next year, possibly in the fall.

Yatim's family has launched an $8-million lawsuit against Toronto Police Services, saying officers used "excessive and unreasonable force" against the teen by shooting him eight times then using a stun gun on him.

Yatim's mother, Sahar Bahadi, and sister Sara Yatim, now 18, filed the lawsuit in February, naming Chief Bill Blair, the Toronto Police Services Board, two unidentified officers, and Const. James Forcillo as defendants.


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