"He's been given a direct order and he;s deliberately refusing to do that," said Fleckeisen
Crown said he was challenging. She says yes. She said she was concerned because he was holding the knife up in his right hand and blatantly not compliant.
Fleckeisen said she doesn't remember what he said. She admits she mis-remembered things yatim said.
She says there was no frenzy of activity from Yatim. Not attacking behaviour. "He never uttered any threats to you or the defendant?" ask Ian Bulmer, Assistant crown.
Crown asking as cyclist was riding near Forcillo -- down range from his gun and where he's aiming, does that seem reckless? Fleckeisen says she's sure Forcillo wasn't going to shoot the cyclist.
Agreed that bullets come out at about 1000 feet per second.
Crown asked her if she kept her gun low and ready because she was concerned about misfiring even without her finger on the trigger. She said no, that she's always extra cautious when she draws her weapon.
Crown says a gun pointed up is dangerous to the public in the area. She said "This is all happening in seconds. It's imminent as we're moving forward."
Fleckeisen said that officers don't have their finger on the trigger when they're walking with their guns up.
Crown: just because gun aimed at target doesn't mean will hit successfully.
She said no. She said she's assuming the gun was aimed at Yatim.
Crown asked Fleckeisen whether it is safer to do what she did -- walk with gun in low ready positionl than what Forcillo did which was to hold gun up down range.
Sammy Yatim's mother is again in the front row of the public gallery on the same side as jury box.
Back from lunch. Justice Then has sat down. Fleckeisen is already in witness box. Waiting for jury
Says the scene was fluid and she was assessing the situation with public.
Before they arrive at the front of the doors, Forcillo yells drop the knife -- Fleckeisen has no memory of how often Forcillo yells drop the knife and did not hear Forcillo say "Drop the fxxxing knife."
Fleckeisen said after Forcillo asks public where Yatim is, he starts moving forward. She wasn't sure whether Forcillo has gun out and pointed. Can only say with certainty that he had his gun drawn when she catches up to him.
Once saw knife, she said she also assessed if members of public in danger. Agreed she only saw Yatim on streetcar.
Crown saying she saw no evidence that Yatim had attacked. She agreed. And was assessing to see if civilians at risk. She agreed. Says she and Forcillo put themselves between Yatim and public.
She agrees that police are trained to assess and what have I got and what are my options.
"In dissecting all these frames what you need to understand is this is a fluid event which gives it a false reality. As I'm looking around as I'm coming around the streetcar I saw Mr Yatim."
Crown said there was no sign of past attack. No said Fleckeisen.
She said she saw no sign of an active attack from Yatim.
Crown points out cyclists who travel very close to Forcillo as he comes around from the front of the streetcar to the front doors with his gun up.
Crown says if misstep though Forcillo holding gun up could be dangerous for members of public up-range of gun. Fleckeisen agrees.
Crown suggests that Forcillo walking with gun up is dangerous. Fleckeisen disagrees says was logical that Forcillo is pointing his firearm at Yatim. She said she kept her gun down because she didn't have a clear shot.
She was holding the gun in a low ready position as a caution against misfires. Often times in tense situation, shaking hands, nervous -- says worst thing would be that one officer shoots his/ her partner.
Crown has called Forcillo the defendant a couple of times. On one occasion, Fleckeisen said, "You mean Officer Forcillo?"
Agrees that she drew her gun and was close to forcillo but a bit south and east of him.
Said she watched a video before the prelim and testified as to when she drew her firearm based on the video. Admits she was wrong. And crown points out that she's relying on another video to now determine when she drew her gun.,
She said she drew her firearm before seeing Yatim.
Crown saying police car pulls up in front of streetcar offset. He says when you pull up, the interior is unusually bright. Fleckeisen says the lights behind Yatim were bright so that's why she saw a silhouette as she's coming around to the front doors of the vehicle.
She agreed with crown that they were expecting lot of backup at the scene.
Said when she first saw him she didn't see his knife. But heard her partner calling out to drop the knife.
She said she didn't ask anyone if there were injuries at the scene. said the priority was there's a man on streetcar with a knife.
Crown asking if see any evidence of injuries when arrive on scene. Fleckeisen says no
Admitted she was wrong about the fact that she had more info from the radio call than what she testified to at the preliminary inquiry.
Seven pages of memo notes. Says wrote what she remembered that night. It was a highly stressful time in my life and not possibly functioning at a level if not just coming down from such a situation.
Crown saying she recorded what stuck out to her in case she had to testify with the memo notes.
She says that's because she spent much of her time in an administrative role as opposed to an investigative role.
She said she's been a wtiness in court five times.
