Constable James Forcillo arrives at a Toronto courthouse on July 28, 2016 to be sentenced for the attempted murder of 18-year-old Sammy Yatim in 2013. THE CANADIAN PRESS/Michelle Siu

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

Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife.

A Toronto police officer convicted of attempted murder in the shooting death of a troubled teen on an empty streetcar is seeking leave to bring his case before Canada’s top court.

Const. James Forcillo fired two separate volleys at 18-year-old Sammy Yatim, who was standing alone and holding a small knife, in an incident that ignited public outrage after a bystander’s video came to light.

In 2016, a jury acquitted Forcillo of the more serious charge of second-degree murder related to the first volley of shots — which killed the teen — but found him guilty of attempted murder related to the second hail of bullets, fired seconds later while Yatim was lying on his back.

Lawyers for Forcillo challenged the ruling but Ontario’s top court dismissed the appeal in April.

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.

Related: 2017: Appeal set for Const. James Forcillo, convicted in Sammy Yatim shooting

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

Like us on Facebook and follow us on Twitter.

Just Posted

Let the Games begin!

Team Alberta takes home gold and silver in speed skating on day one

WATCH: Historic night in Red Deer as 2019 Canada Winter Games kicks off

Star-studded Opening Ceremony features athletes from across Canada

Athletes’ medals unveiled at the official kick-off of 2019 Canada Winter Games

Medals depict Central Alberta landscape and pay tribute to First Nations

WATCH: Canada Winter Games are finally here

Final leg of torch relay kicked off at Fort Normandeau

Furever Ours dance coming to Botha

Tickets still left for “Furever Ours” dine and dance

‘Just like Iron Man’: Calgary surgeon undergoes experimental spinal surgery

Dr. Richi Gill was in a freak accident on a boogie board during a family vacation in Hawaii

Deported B.C. man who came to Canada as a baby granted chance at return

Lee Van Heest was deported to the Netherlands in 2017

Sex abuse survivors to meet with Vatican summit organizers

Pope Francis has urged participants to meet with abuse victims before they came to Rome

Ex-FBI official: ‘Crime may have been committed’ by Trump

Andrew McCabe said FBI had good reason to open a counterintelligence investigation into whether Trump was in league with Russia

Team Alberta adds nine medals on day two of competition at Canada Winter Games

Team Alberta had a solid day at the 2019 Canada Winter Games in Red Deer

Cabinet likely to extend deadline to reconsider Trans Mountain pipeline

New round of consultations with Indigenous communities is coming

PHOTOS: Canada Games action from the Gary W. Harris Canada Games Centre

Wheelchair basketball, short-track speedskating draw large crowds

Most Read