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Toronto officer charged in fatal shooting of Sammy Yatim returned to desk duty

Const. James Forcillo, charged with second-degree murder in the shooting death of 18-year-old Sammy Yatim last July, has returned to work. He's now with the Toronto Police Service's Crime Stoppers unit, after a 7-month suspension with pay.

A Toronto police officer who has been charged in the high-profile fatal shooting of a teenager on board a downtown streetcar has been back on the job for months, reportedly working with Crime Stoppers in an administrative capacity that does not involve a uniform or use of a gun.

And while the revelation is bound to infuriate a frustrated public, still seeking answers for the death of Sammy Yatim, returning Const. James Forcillo to duty appears to be "by the book" and fair, in the eyes of the law at least.

Const. James Forcillo was charged with second-degree murder in connection to a July 27, 2013, shooting that was captured on several video cameras and later posted online. He also faces a charge of discreditable conduct under the Police Services Act.

According to the Ontario Special Investigations Unit, Yatim was armed with only a knife on board an empty streetcar when police surrounded the vehicle and, after a tense exchange, opened fire. Yatim suffered as many as nine gunshot wounds before he was shot with a Taser. He was confirmed dead a short time later.

The shooting was a pressure point during a tense summer that saw several apparent cases of police violence and sparked an outcry in the city that reached as high as Police Chief Bill Blair. Blair ordered a full review of the force and public promised Yatim's family he would find answers to the questions raised by his death.

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Forcillo has been the only officer charged in the shooting and was released on $510,000 bail. The case is just now getting underway; a preliminary hearing for Forcillo was held on Tuesday. Yet Forcillo has been returned to duty.

The Toronto Sun reports that the decision to end Forcillo's suspension after seven months was made by Blair, and that he had been placed in an administrative role with Crime Stoppers. The position keeps Forcillo out of uniform, and does not involve access to his firearm or interaction with the public.

Mike McCormack, president of the Toronto Police Association told CP24 that Forcillo was returned to duty following a risk assessment by the Toronto police service's professional standards investigative unit.

He said Forcillo has been placed in a "super restricted" administrative role. A request for comment from Yahoo Canada News has not been returned Thursday morning.

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The decision to allow Forcillo to return to work was surely a tough one, one made understanding the frustration and outrage it was likely to cause in the public. Especially among those who knew and loved Yatim – those who were banking on the vow Blair made to them.

But it’s not wrong, not from an internal standpoint. Forcillo was on paid leave, he was still cashing cheques while off duty. And it should not be undervalued that while he has been charged with a crime, he has not been convicted of one.

We expect that to be respected in society, it should be respected inside the force as well. Placing Forcillo in an administrative position away from the public, away from his uniform and away from his firearm may be the best way to respect that fact, while keeping the trial and public in mind.

None of that will improve the optics of the move. It will look terrible to the thousands who rallied against the Toronto Police Service after Yatim’s death. Which is surely why we’re only learning of this now, why the decision was made quietly.

But just because the decision was made quietly, doesn’t mean it was wrong. Not in the eyes of the law, anyway. Though the eyes of the public may be right to see it another way.

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