Toronto police Const. James Forcillo has had his bail extended until October, when the appeal of his attempted murder conviction is set to be heard.
Found guilty last year of attempted murder in the July 2013 shooting death of Sammy Yatim, Forcillo has been out on bail while appealing the conviction.
That appeal is scheduled to be heard Oct. 2. The officer will remain out on bail until the eve of his appeal, Forcillo’s appeal lawyer confirmed Tuesday.
Forcillo, 34, is seeking to have his conviction for the attempted murder of Yatim quashed or a new trial ordered on the charge of attempted murder only.
The officer was released under strict conditions last July, after he was sentenced to six years in prison. He spent one night in the Toronto South Detention Centre before being released on house arrest.
In her ruling granting Forcillo bail, Justice Eileen Gillese emphasized the need for the appeal to be heard as quickly as possible. In that July ruling she ordered a November surrender date for Forcillo; the officer’s bail was extended at that appearance.
The appeal was initially expected to begin this spring.
In her decision, Gillese ruled Forcillo’s incarceration pending appeal was not necessary for public confidence in the administration of justice.
“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.”
It is not unusual for offenders to be released on bail pending appeal — even for a conviction as serious as murder — if the court finds the offender is not a flight risk and poses no threat to public safety, and if there are strong grounds for appeal.
Forcillo is suspended without pay by the Toronto Police Service.
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