Sentencing hearing postponed for Const. James Forcillo, convicted in streetcar shooting

A sentencing hearing for a Toronto police officer found guilty of attempted murder in the death of a teen on an empty streetcar has been postponed to Wednesday.

Lawyers for Const. James Forcillo requested extra time Monday to complete their preparations on the case. They are expected to seek a sentence of house arrest. 

• Forcillo seeks to avoid mandatory minimum prison sentence for death of Sammy Yatim
• ​​James Forcillo's time behind bars could be years away: lawyer
• James Forcillo guilty of attempted murder in streetcar shooting of Sammy Yatim

Forcillo has filed a constitutional challenge to the mandatory minimum sentence of four or five years that he faces in the shooting death of 18-year-old Sammy Yatim.

The challenge is expected to be the first part of Forcillo's sentencing hearing and will likely last two to three days. The sentencing arguments are expected to follow and likely take another couple of days. 

Forcillo was acquitted of second-degree murder in Yatim's death in January, but a jury found the officer guilty of attempted murder for continuing to fire after the dying teen had fallen to the floor.

Forcillo's lawyers are arguing that certain sections of the Criminal Code involving the mandatory minimum sentence for attempted murder are unconstitutional and weren't meant to deal with cases like Forcillo's.

Monday's court appearance was expected to be brief, with Forcillo's lawyer seeking more time to prepare for submissions set for Wednesday. 

Yatim's July 2013 death, which was captured on cellphone video that went viral, triggered public outrage and prompted Toronto's police chief to launch a review of officers' use of force and their response to emotionally disturbed people.

Forcillo, who is out on bail, had pleaded not guilty to the charges he faced in Yatim's death.