James Forcillo's time behind bars could be years away: lawyer

Despite a verdict declaringToronto policeConst. James Forcillo guilty ofattemptedmurder, lawyers say he may not begin serving time for years, if ever.

Forcillo fired nine shots atSammyYatim, killingthe18-year-old as he brandished a knifeon an empty TTC streetcar in July 2013.

On Monday, ajury foundForcilloguilty of attempted murder, and not guilty of second-degree murder.The officer is free on bail and remains on the police payroll while the legal wranglings in the case continue.

Forcillo's defence lawyer Peter Brautihas asked the court to set aside the charges,arguing the state shouldn't punish the officer for doing what he was trained to do.

• Forcillotrial shows need for body-worn cameras, says investigator
• Ontario weighs changes on suspending officers with pay

The judge will hear that motion in May along with a constitutional challenge to the mandatory minimum sentence of four years for attempted murder.

"This is phase one of a long process," Brautitold reporters yesterday.

Criminal lawyer Daniel Brown,whowas not directly involved inthe case, saideven if a judge sentencesForcilloto time behind bars, he's likely to remain free for a long time.

"Even after he's sentenced, he can still apply again for bail as his case makes its waythroughthe appeal process," Brown told CBC News in an interview. "So itcould be years before JamesForcillostarts to serve his sentence, if thatsentenceis upheld."

IfForcilloloses at the Ontario Court ofAppeal, he could apply for the case to go to the Supreme Court of Canada. That could mean he's on bail for many more years.

Rather than being remanded incustody, as usually happens after anattempted murder verdict, Forcillo was escorted from the courthouse by police onMonday afternoon.

"I can't think of any other case where my clients have been carted off by the police to their homes," said Brown. "Normally they're taken to jail."