Is it fair to see Iris holstering her handgun as her first step at trying to de-escalate the situation, said crown. Asked Forcillo whether it occurred to him that that's what his partner might have been doing.
Going through Deputy Chief Mike Federico's transcripts of his testimony about TO police use of force.
Forcillo agreed that's a possiblity
Crown said one officer with handgun out could allow the other officer to engage in verbal de-escalation without being protected
Crown asked that by putting her handgun away that could have the effect of lowering the temperature. Forcillo said it could.
Constable Iris Fleckeisen -- Forcillo's partner had her handgun out until she turned the corner to the front doors of streetcar. That's where she holsters her handgun as she walks behind Forcillo who's pointing his gun at Yatim.
Forcillo and partner were standing 12-14 feet away from Yatim outside the streetcar doors.
Taking a break. Will be back in 20 mins
Forcillo disagreed said was not angry and cyclists were not in his line of fire.
Crown said Forcillo holding the gun up the way he had -- also put two cyclists in danger -- that they were in the line of fire before Forcillo came around to the front doors of the streetcar. "When you pointed your handgun you were being reckless and that demonstrates the recklessness with which you dealt with Sammy Yatim."
Forcillo said he would have shot at Yatim through the front windows of the streetcar if necessary. The crown pointed out that would be a bad move because if Forcillo missed, an innocent bystander could have been hurt.
Crown says pointing a handgun at someone can be the same as intimidating someone. Said not even take the time to assess the situation. Forcillo disagrees
In video from streetcar, Forcillo's partner has her gun down in a "low ready" position whereas Forcillo had his gun up and pointed at Sammy Yatim.
He agreed with Crown who said you are trained to not point your weapon at someone unless you might have to shoot them.
Forcillo answered, "I completely disagree."
Crown said, " You were the one who lost your cool not him."
Forcillo said Crown was wrong, Yatim was taking it very seriously. "It's the knife, not the cigarette that's the threat to me... What I saw was a person who was tracking and following me with a knife."
Crown said people generally have a cigarette when they're trying to relax, calm down. "You can see this young kid with a cigarette who's not taking you seriously."
Forcillo said a cigarette and ballcap aren't going to kill him -- he was focused on Yatim's knife.
Forcillo admitted he didn't notice that Yatim had a cigarette in his hand and mouth, or that he was wearing a baseball cap. Crown said for someone who was paying as close attention to Yatim as Forcillo was he missed important signs - like his hands in the air.
Said they are distinctive.
Forcillo said he knew right away Yatim was holding a switchblade.
"He did not mock me ... at no point was I angry... The reason I didn't see his left hand is because I didn't see it." responded Forcillo.
Crown said "The reason why you didn't see his hands up in mock surrender .... he mocked you, got under your skin,... you didn't react well to being disrespected, you took it the wrong way... that's why you didn't see his left hand up."
Said he never saw Yatim's left arm
Saying something obscured his view.
Crown insisting Forcillo saw Yatim put both hands up in mock surrender when Forcillo first saw the victim. And that he had his hands up when Forcillo yelled at Yatim to drop the knife the first two times.
He said if a sergeant had arrived he could have posted people at different posts. But said even with extra officers, Yatim could not be contained any better than was:
Forcillo said he had Yatim contained by standing in front of the streetcar door. If he decided to come off, that containment breaks down.
"We have the same equipment. They aren't showing with things I don't have." Says forcillo.
Says having multiple officers at the scene would not have contained Yatim.
Forcillo said he was just very focused on Yatim than what was going on around him.
Forcillo said he knew other officers would be arriving shortly after he and his partner arrived. Crown said it was false when Forcillo testified that he was surprised that so many officers were behind him after Yatim was shot.
"You never conferred with your partner who had 22 years police experience?" asked Rupic.
"You engaged with Mr. Yatim by barking, giving loud, clear commands is not a way to engage in the situation." said Crown
"Conferred? No I never had a meeting with my partner." said Forcillo.
Said he never had any discussion with his partner about how to deal with this situation.
Admitted that nothing had changed from the hotshot call which said male with a knife. no injuries"
Forcillo agreed with crown that in
the police training he should consider all circumstances and make a reasonable decision based on all the circumstances.
said didn't know If training does counsel if person not active attacker than de-escalation is more effective.
Based on radio call, crown asked Forcillo whether he knew he was going to be dealing with an active attacker. Said he didn't know.
Forcillo said he didn't know if there were any injuries before he arrived at the scene.
Forcillo disagreed with Crown Milan Rupic when he said, "You dealt with Sammy Yatim as if you were alone with him in an alleyway."
