...In charging Const. Forcillo with second-degree murder, Ontario’s independent police review agency, the Special Investigations Unit, has set the bar high. The Crown must now prove that Const. Forcillo had the intention of killing Mr. Yatim and that he did not have any reasonable grounds to fear for his own life. And it’s important to note that he doesn’t need to establish that shooting Mr. Yatim was necessary, just that in the heat of the moment, he reasonably believed it was necessary. Proving that he didn’t have reasonable grounds to believe that, let alone proving it beyond a reasonable doubt, will prove a huge challenge.
There’s every likelihood, based on the above, that Const. Forcillo will fight these charges, win and conceivably return to duty. Mr. Yatim’s family, and those outraged on their behalf, need to be prepared for that.
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