Toronto cop convicted in death of teen seeks to appeal case to Supreme Court

In upholding Forcillo’s conviction and sentence, Ontario’s Court of Appeal found Forcillo’s second round of shots was “clearly unnecessary and excessive.”

His legal team is now seeking to challenge the appeal court decision, arguing that the first and second volleys were “artificially” divided into two separate events, leading to the separate charges.

Michael Lacy, Joseph Wilkinson and Bryan Badali are asking the Supreme Court to decide whether prosecutors were required to prove that the first and second rounds of shots were two different “transactions.”

They are also contesting Forcillo’s initial six-year sentence, which was a year longer than the mandatory minimum.

In their application to the court, the lawyers write that mandatory minimum sentences are intended to deter people from committing crimes.

But the lawyers argue that when someone carrying a firearm legally uses it in good faith — as they suggest Forcillo did — that person is not deterred because they believe they’re obeying the law and therefore would not go to prison.

The Crown has 30 days to respond to the application.

The court has said it takes an average of three months to decide on leave applications after they are filed.

Forcillo recently had six months added to his sentence after pleading guilty to perjury. He had also been charged with breaching the conditions of his bail while awaiting the Ontario Court of Appeal decision, along with obstruction of justice, but those charges were dropped after he entered the guilty plea.

Nicole Thompson, The Canadian Press

by Canadian Press

Toronto cop convicted in death of teen seeks to appeal case to Supreme Court

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