The Supreme Court of Canada will not hear the appeal of a police officer in Toronto guilty of attempting murder to shoot Sammy Yatim teenage on a streetboard five years ago.
In a decision announced on Thursday, the highest court of the country, Const. James Forcillo lets him appeal his conviction and his sentence.
In an unusual ruling, a jury was convicted to Forcillo in 2016 of a second degree murder but was convicted of attempting a murder in connection with the death of Yatim on the Dundas street on July 27, 2013. Forcillo was sentenced to six years in prison – one year above and the minimum mandatory to seek murder.
The attempt to get a murder conviction was linked to a second volley of shots for Forcillo to be launched after Yatim was on the street floor and died.
Forcillo solicitors were hoping to argue to the highest court that the first and second seconds of shots should not be divided into separate events. They also hoped to appeal for the Forcillo sentence.
One of three Forcillo lawyer, Michael Lacy, was in court on Thursday but gave a brief statement over Twitter.
"Mr. Forcillo exerted his right to ask me [Supreme Court] to give it permission. The Court refused to do so this morning. We respect that decision, "Lacy tweeted.
"This ends with legal proceedings and Mr Forcillo will continue to serve his sentence."
Forcillo officer only for firearms
Forcillo was one of the first officers to respond to a call for a young man revealing himself on the street while knocking a knife. Only Yatim was left on the street by the police.
Forcillo led three initial shot, which caused Yatim to fall down the street, and then there were six more shots.
The shot was captured on video, which was widely distributed and triggered a national debate about police use by police.
The Crown divided the two spaces into two separate costs: the second degree murder was associated with the first shot of shots, and the attempt was to murder the second.
Forcillo was convicted of the latter.
In April, the Ontario Appeal Court rejected Forcillo's appeal to conviction and sentence.