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Day one of Constable James Forcillo’s sentencing hearing got underway. The Toronto police officer was found guilty of attempted murder in the 2013 shooting death of 18-year old Sammy Yatim three years ago. Forcillo’s defense is requesting that he be sentenced to house arrest while the crown is seeking a punishment far more severe.

The fate of Constable James Forcillo is in the hands of judge who is hearing two different sides on what a just sentence would be. Forcillo’s defense feel that the minimum four to five year jail sentence for attempted murder doesn’t match this specific case. Instead, they’re asking that Forcillo to be put under house arrest. They believe Forcillo was protecting the public from a knife-wielding Sammy Yatim and was justified in killing the 18-year old that evening in the summer of 2013.

The crown however, wants Forcillo behind bars for eight to ten years. In their submission, the crown says this case would appear to be among the most egregious examples of unjustified violence by a police officer in Canada. A sentence imposed on a police officer should be more severe than what would be warranted for an ordinary person who committed the same crime.

Today, it appeared that the defense have an uphill battle ahead of them. One of those arguments was that Forcillo felt Yatim still posed a threat despite being shot three times and laying on the floor of the streetcar.

“An officer does not have to let an armed suspect get back to their feet after having shot the suspect with an initial volley as long as they perceive that the suspect is still an imminent threat.” Peter Brauti, defence lawyer.

For which Justice Edward Then replied, “How does anyone lying on their back constitute anything like an imminent threat? You want me to say forget the video?

After arguments, Justice Edward then will reserve his decision.