OnTheIce OnTheIce:
DrCaleb DrCaleb:
You kind of have that backwards. He is innocent. The case to prove him guilty will have to be super strong.
Based on the minimal amount of video evidence we have seen and the formal murder charge from the SIU, I believe the Crown heads into the case quite strong.
The officers lawyers will have the more difficult job of justifying the use of the weapon.
The Crown wouldn't proceed if they thought they had no case, but:
From the link I posted on the last page:
$1:
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.
. . .
But not one, among all the dozens of officers I’ve heard from these last three weeks, has expressed any glimmer of hope that Const. Forcillo would escape charges. One officer put it best when he told me that a situation like this is every officer’s nightmare, but no matter how many times he imagines himself in that situation, he just can’t imagine opening fire at that moment. He knew, he told me, that he would open fire if he had to. But as much as he wants to understand why Const. Forcillo pulled the trigger, he just can’t get there. Similar sentiments are strongly implied by other officers, who sigh, shake their heads and say, “I guess we’ll see what the investigation says.”