Streetcar passenger says Sammy Yatim appeared high or mentally ill
Knife-wielding teen was within 'striking distance' of streetcar passengers, court hears
The last passenger to flee a Toronto streetcar after Sammy Yatim pulled out a switchblade testified he believed the 18-year-old was high or mentally ill on the night he was shot and killed by police.
"I remember clearly thinking he looked extremely young and the thought went through my head, like, 'What is this kid doing?'" Aaron Li-Hill told a Toronto courtroom on Tuesday.
Li-Hill was the latest witness to testify at the high-profile trial of Toronto police Const. James Forcillo, 32, who is charged with second-degree murder and attempted murder in connection with Yatim's death on July 26, 2013.
Li-Hill, while being questioned by Crown lawyer Milan Rupic, said Yatim was within "striking distance" of him, but the teen never tried to block anyone from leaving the streetcar.
"The only person [Yatim] was close enough to impede was me and he didn't an attempt to do that," Li-Hill said.
The 29-year-old artist who now lives in New York testified that he had been out for dinner with family before he rode his bike to meet his girlfriend in Kensington Market, where they boarded the streetcar on Dundas Street West.
Li-Hill said he used his bike to separate himself from Yatim, as the knife-wielding teen made his way up the aisle, shouting at fleeing passengers.
"I had my bicycle with the back wheel on the ground and front wheel up so it would take up as much room as possible," Li-Hill said.
Li-Hill said Yatim wasn't looking directly at anyone in particular. While close to the doors Li-Hill said, "Please just let us go. Just let us off the streetcar."
The cyclist said he saw the driver Chad Seymour was still on the streetcar. Li-Hill asked the driver if he was OK and if he wanted him to call anyone.
Li-Hill reluctantly left the scene at his girlfriend's insistence, he testified.
Streetcar driver concludes testimony
Although he appears calm in security videos while speaking with Yatim, the TTC streetcar driver, Seymour, told the court Tuesday he knew the potential for death or injury was real.
"This was an extremely frightening and dangerous situation?" Seymour was asked by Peter Brauti, the lawyer defending Forcillo.
"Yes," Seymour answered.
"And you were very nervous?"
"Yes," Seymour answered again.
"And you were concerned he might attack at any minute?"
Again Seymour's answer was "yes."
With the westbound streetcar stopped and emptied of its passengers, Seymour said he spoke to Yatim in part to keep him calm as he waited for police to arrive in response to the emergency buttons he pushed on the streetcar's dashboard.
Yatim appeared to be in a daze
Seymour told the court that Yatim appeared to be in a daze and at first didn't notice him sitting in the operator's chair. The two men then had a conversation.
He asked Yatim if he wanted to call someone and offered to get him a phone. However Seymour opted not to give Yatim the phone in his pocket for fear of being stabbed if he got too close.
Seymour also testified that he remained on the streetcar with Yatim instead of fleeing because he didn't want Yatim to stab anyone outside on the street.
When it became obvious that police were approaching, Seymour testified that Yatim became upset.
"He had the knife in his hand and he was coming at me with the knife," said Seymour.
This prompted Seymour to make a hasty exit, dashing down the stairs and out the streetcar door moments before police, including Forcillo and his partner, arrived at the scene.
Yatim didn't appear to fear police
Seymour told the court that Yatim did not appear afraid as police moved closer to the streetcar door.
The court has heard that Yatim, now alone on the streetcar, taunted the officers, calling them "pussies."
Seymour said he felt "a little bit of disbelief" that Yatim did not comply when Forcillo shouted at him, telling him to drop the knife.
"Usually when a cop or police officer does that sort of thing people listen, surrender," he said.
The court has heard that after Seymour exited the streetcar the confrontation escalated.
As videos already entered into evidence show, Yatim was shot by Forcillo and fatally wounded. The Crown is arguing that Forcillo's use of force was excessive while Brauti is arguing his actions were in self-defence.
With files from Stephanie Matteis