CFN – Arrangements have been made through Constable James Forcillo’s lawyer, Peter Brauti, for his client to surrender himself into the custody of the Special Investigations Unit (SIU) tomorrow morning, Tuesday, August 20, 2013. Cst Forcillo will be transported to the Old City Hall and make an appearance before a Justice of the Peace shortly after the arrest. Pursuant to the provisions of the Criminal Code, he will be detained in custody. The Criminal Code allows an accused to have the detention order reviewed in Superior Court and seek bail at any point in time.
Because Cst Forcillo has been the recipient of threats, we are not disclosing the location of the arrest.
Earlier today, SIU Director Ian Scott caused a charge of Second Degree Murder contrary to s. 235(1) of the Criminal Code to be laid against the officer in relation to the shooting death of 18-year-old Sammy Adib Yatim. The incident took place on a TTC streetcar around midnight on July 26-27, 2013.
The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
- consider whether an officer has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
- report the results of any investigations to the Attorney General.