Her recollection is she reholstered her gun when she was thinking about calling for a taser because he was going to get himself shot.
Fleckeisen: Yes that's correct.
Crown: you had no recollection of holstering your gun.
Now Crown is moving to her statement to the Special Investigations Unit. The SIU investigates any event in which a member of the public is injured or killed in a police encounter.
She said she called for a taser because it was something she decided not because Forcillo asked for one.
"You were watching your partner's back," said crown.
She said it was her role was to support him by trying to get a taser on scene. I was trying to have this end without the use of lethal force.
Then she tells her partner she's getting out of the way. Crown said she ceded the scene to the guy with the gun. She disagrees.
"So you ask one question and then you give up?" asks Crown.
She said Yatim didn't respond to her question, he ignored her completely and was concentrating on Forcillo.
She says the way Yatim behaved was what got him shot.
"After you arrived at mindset that yatim was going to get himself shot, you moved around to the defendant and asked him a simple straightforward non confrontational question,"said the crown.
she agreed that one of ways to de escalate a situation is verbally.
She disagreed. She said she was trying to ascertain whether there was anyone else on streeetcar
Crown asks if she was trying to start a conversation with Yatim to try to de-escalate the situation.
She agrees that he seemed like someone in crisis.
She said she's not thinking of having an interaction with him when she asks him if anyone is on board with him.
She understood the urgency of getting a taser there because it was the only other alternative from lethal force that night, and they weren't carrying one.
She says she doesn't move away from Forcillo to call for a taser until after another officer arrives on scene so Forcillo is covered.
Crown says in first 12 seconds that you encounter Yatim you decide that Yatim is going to get himself shot.
Fleckeisen says when she holstered her gun when she decided she'd call for a sergeant with a taser.
She didn't immediately call for a taser. She asked in a low calm voice. She said she probably shouting at Yatim. The video shows her asking the question in a calm voice compared to Forcillo.
Crown said based on sum total of conduct of Mr Yatim he's going to get himself shot -- by the defendant. "He was the only one with a clear shot at that time," said Fleckeisen
The closest Yatim had ever come to defendant was the edge of the platform when Fleckeisen holstered her gun.
It's not until Mr Yatim is doing something that is actively endangering us.
Crown said so only one person holding a gun -- Forcillo. The defendant is going to end up shooting Mr.Yatim. She said no. She said Yatim was going to get shot by his actions.
She said she holstered because Yatim was going to get himself shot that night.
Forcillo and Fleckeisen are still the only two on scene. She holsters gun from low ready position.
Agrees he was body posturing.
Asked if Yatm ever flicked knife at her, fake stab anyone. No
Crown asking whether Yatim ever verbally threatened Forcillo. No she said
She only knew he had a knife in his hand not a switchblade. Said he always had the handle covered with his hand.
No verbal threat. But body language showed he was angry and agitated.
That he was showing false bravado.
She recalled words and action leaving her with an impression that Yatim was egging the police on.
She said she could see Yatim making a mock surrender as coming around to the front of the streetcar. She agreed it was taunting.
Crown says Yatim was responding to both the uniformed officers. She agreed.
Crown asks if she saw he had his hands up in the air -- like a mock surrender. She says yes that's right
Officer said she was focused on Yatim's right hand that was holding the knife and she said that he wasn't holding anything in his left hand.
"He was being petulant, disrespectful. He was treating you and the defendant with some contempt right?" asked Crown.
Sure ok, said Fleckeisen.
"Part of that challenging was mocking right -- he was engaged with mocking your authority as police." Bulmer.
He was challenging back right? asks Crown. She agrees
