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Crown seeking to revoke Const. Forcillo's bail, officer remains in custody

Last Updated Nov 17, 2017 at 12:20 pm PST

Toronto police officer Const. James Forcillo is shown leaving court in Toronto on Monday, Jan. 25, 2016. THE CANADIAN PRESS/Chris Young

TORONTO – Crown prosecutors are seeking to revoke the bail of a Toronto police officer convicted of attempted murder in the fatal shooting of a teen on an empty streetcar four years ago.

Const. James Forcillo was sentenced to six years in prison last year for his role in the shooting of Sammy Yatim, an incident that set off a wave of public outrage after video of what happened went viral.

The officer is appealing his conviction and had been out on bail, living under house arrest.

On Wednesday, Forcillo was arrested and charged with breaching the conditions of his bail for allegedly failing to live with his surety, failing to notify Ontario’s police watchdog of any changes of address and for leaving his home without his surety, except under special circumstances.

The arrest came after Forcillo had applied, a week earlier, to change the conditions of his bail, requesting to add a new surety and to live at her home.

That application was withdrawn after Forcillo was arrested and charged with failing to comply with recognizance his lawyer, Michael Lacy, said.

On Friday, as Forcillo appeared in a north Toronto court for a hearing on that charge, the Crown said it had applied to the Court of Appeal to have the officer’s bail revoked.

The outcome of that revocation application will determine whether it is necessary to have a bail hearing on Forcillo’s charge of failing to comply with recognizance, a prosecutor said.

If the Court of Appeal revokes Forcillo’s bail, he will begin serving his six-year prison term.

Lacy said he could not comment on the Crown’s revocation application.

“We’re reviewing it and looking at all the developments and we’ll take a position at the appropriate time,” he said.

Forcillo is scheduled to return to court on Nov. 30 and will remain in custody until then.

Though Forcillo was found guilty of attempted murder in Yatim’s death, he was acquitted of the more serious charge of second-degree murder for shooting the 18-year-old Yatim multiple times.