The sentencing hearing for a Toronto police officer found guilty of attempted murder in the 2013 shooting death of a teen on board a streetcar is scheduled to take place Wednesday.
Lawyers for Constable James Forcillo made a brief appearance Monday to ask for extra time to prepare their case.
It’s expected they will argue for a sentence of house arrest after a constitutional challenge to the mandatory minimum sentence of four or five years was filed by the police officer.
They have questioned the constitutionality of certain sections of the Criminal Code and their application to case’s such as Forcillo’s.
Sammy Yatim was shot to death in July of 2013, after a producing a small knife on board the Dundas Streetcar.
His shooting, which was captured on cellphone video, sparked public outrage and led to a review of how police handle situations involving those in crisis.
In January, Forcillo was acquitted on charges of second degree murder and manslaughter in the death of the 18 year old, after the jury found that he was justified in firing the first three shots at Yatim.
However he was was found guilty of attempted murder in relation to the second volley of shots fired at the teen, and he has been out on bail since his conviction.
He had pleaded not guilty to all charges.