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PAROLE BOARD OF CANADA

DECISION
OFFENDER INFORMATION :
Name : FORCILLO, JAMES FPS :
Institution : PAROLE OFFICE FILE NO :

TYPE OF REVIEW :
▪ FULL PAROLE - PRE RELEASE (PAPER)

PANEL INFORMATION :
OBSERVER (S) PRESENT (except during deliberations) : NO ASSISTANT PRESENT : NO
EXCLUDED FROM PART OF HEARING : NOT APPLICABLE ELDER /ADVISOR : NO
REASON : NOT APPLICABLE

FINAL DECISIONS :
FULL PAROLE - PRE RELEASE GRANTED 2020-01-17

LEAVE PRIVILEGES : NOT APPLICABLE

SPECIAL CONDITIONS :

FULL PAROLE - PRE RELEASE

Condition Status

▪ AVOID PERSONS - VICTIM(S) IMPOSED

No direct or indirect contact with any member of the victim's family.

PREVIOUSLY IMPOSED SPECIAL CONDITION(S) STILL IN EFFECT : NOT APPLICABLE

NEW INFORMATION SHARED WITH THE OFFENDER : NOT APPLICABLE

REASONS FOR DECISION(S) :

The Parole Board of Canada (the Board) reviewed your case by way of an in-office review to
make a decision about your full parole.

To make its decision, the Board must determine whether you will not, by re-offending, present an
undue risk to society before the expiration of your sentence. The Board must also consider
whether your release will contribute to the protection of society by facilitating your reintegration
into society as a law-abiding citizen.

After considering the following information, the Board grants full parole.

The Board describes its reasons below.

FPS : Name : FORCILLO, JAMES File No :

PBC 82 (14-03) OMS

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You are a 37 year old first time federal offender serving a 6 year, 5 month, 29 day sentence for
Attempt Murder – Firearm and Perjury. Along with the custodial sentence, the Judge ordered you
to provide a DNA sample and imposed a lifetime weapons prohibition under Section 109 of the
Criminal Code.

In July 2013, in your capacity as a police officer, you responded to an emergency call, after being
advised that a male, the victim, was on a streetcar, armed with a knife. In response, you drew your
firearm and requested the victim to drop the knife. When he did not comply, you issued additional
verbal commands; however, he continued to wield the knife. At that time, you believed lethal force
was necessary and shot the victim three times, with all three shots striking the victim causing
serious wounds. The victim fell back onto the platform of the streetcar at which time you fired six
additional shots; the additional shots resulted in the conviction for Attempt Murder.

Following your conviction for Attempt Murder, you were released on appeal bail in July 2016, with
a condition to reside with your surety, who, at that time, was your wife. Your marriage had already
begun to dissolve and in July 2017, your divorce was finalized. You requested a variance of your
bail to allow you to reside with your fiancée; however, the Crown did not consent. Nevertheless,
you decided to move out and live with your fiancée. You signed an affidavit acknowledging that
you continued to reside with your ex-wife; this resulted in a conviction for Perjury.

The Board carefully considered the victim impact statements presented at sentencing. The
victim's death had a devastating impact on his family members; the effects of which will likely
reverberate for years to come. He was a loving son, a protective older brother, and much loved
member of his community. It is clear that the family members of the victims continue to suffer
emotionally as they deal with the loss of their child and the ongoing trauma.

Upon entering federal custody, your parole officer identified deficits in your personal emotional
orientation. Your Case Management Team (CMT) deemed this area as requiring a moderate need
for improvement, with low need noted in the area of attitude. To your credit, the Board finds
measurable and observable change in the dynamic ratings that contributed to your offending. The
domain of personal emotional orientation now requires a low need for improvement. There is no
immediate need in the attitude domain.

The Board granted conditional release in August 2019. Following an in-person hearing, the Board
determined that your risk was manageable on day parole based on your positive institutional
conduct, engagement in your correctional plan and with the structure of your release plan.

On August 22, 2019, the Correctional Service of Canada (CSC) released you from a minimum
security institution to reside at a community residential facility (CRF), under the supervision of a
local parole office. Along with the standard conditions of release, the Board imposed two additional
special conditions. Throughout your period of day parole, there is no reliable or persuasive
information to suggest that you breached either the standard or special conditions of your release.
This is to your credit and is reflective of an offender with high levels of motivation, accountability,
and reintegration potential.

Your parole supervisor referred you for psychological counselling. Following an interview and
assessment, the clinician concluded that you did not present with any mental health concerns. The
clinician assessed you as a low risk for recidivism. From a mental health perspective, you
transitioned back into the community in an appropriate manner. The psychologist did not see a
need for ongoing treatment, although this intervention may be appropriate should there be a
change in your overall dynamic risk. According to the current Correctional Plan Update (CPU),
you had previously attended counselling while on bail to assist you with symptoms of depression

FPS : Name : FORCILLO, JAMES File No :

PBC 82 (14-03) OMS

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and post-traumatic stress, and you continue to have access to this resource. In the future, should
it be necessary, you confirmed your commitment to engage with mental health services.

Since your return to the community, your behaviour remains appropriate and you continue to
interact in a polite and courteous manner with your CMT. They describe you as open and honest.
Within the CRF, you display appropriate behaviour with both staff and other residents. You attend
all required supervision meetings and are forthright in sharing any changes to your situation. In the
Board's view, you continue to be fully engaged in your correctional plan and your rehabilitation.

You are currently enrolled in a full time college program. Your success and high marks
demonstrate your motivation and commitment to your chosen field. You advised your parole
supervisor that you intend to apply for an apprenticeship program through the International
Brotherhood of Electrical Workers; however, should this be unsuccessful, you have the financial
means to continue funding your education and plan to secure employment as an electrician
following completion of the program.

In the time leading up to the index offence, you experienced difficulties in maintaining an
appropriate balance between your work life and your responsibilities at home. As you are now
aware that a balanced lifestyle is a necessary in ensuring your safe reintegration, you are focused
on maintaining a healthy and balanced lifestyle. In particular, you spend your free time studying or
attending the gym on campus. Your fiancée has moved temporarily to the area. Your parole
supervisor approved weekend passes to your apartment, with no concerns reported. Additionally,
you have maintained relationships with your children and were permitted travel permits to spend
time with them. These family and community supports are integral to your plan for reintegration.

The Board considered your full parole plan and finds it is adequate to manage your risk on a more
expanded form of release. Upon successful completion of your college program, you intend to
seek employment in your new profession. You will reside at an apartment, already deemed
suitable by your parole supervisor. You intend to reside at this location with your fiancée when she
is in the country. In your application for full parole, you commit to following your parole conditions
and not re-offending.

CSC recommends the Board grant full parole. Your CMT cite the steady progress you made
throughout your period of day parole. Your CMT believe your full parole plan is realistic and
achievable, and that your risk would be manageable on a more expanded form of release. The
Community Security Intelligence Officer and the local police department concur with your CMT's
recommendation. CSC recommends the following special condition: avoid persons – victim(s).

In granting full parole, the Board is cognizant that your actions took the life of a much-loved son,
brother, and member of the community. His loss continues to devastate the family. You
acknowledge the trauma that you have caused the victim's family and that you continue to reflect
upon the harm that your actions caused. With the benefit of counselling, you now understand that
your own fear, impulsivity, and stress contributed to your poor decision-making, poor problem-
solving, and resulted in fatal consequences. As a result, you are now more cautious of the impact
of your decisions and are better able to consider the consequences of your actions.

While on day parole, you have continued to demonstrate stability and compliance in the
community. You remain assessed as a low risk to reoffend and your motivation level,
accountability and reintegration potential are assessed as high. You have benefitted from the
structure and support of the CRF, as it has afforded you a gradual return to the community. You
have provided a viable plan for full parole, have strong community and family support, have been
actively engaged in your correctional plan, and have transitioned well to the community. As a
result, the Board assesses your risk as manageable.

FPS : Name : FORCILLO, JAMES File No :

PBC 82 (14-03) OMS

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Accordingly, the Board grants full parole. It is the Board's opinion that you will not present an
undue risk to society if released and that your release will contribute to the protection of society by
facilitating your reintegration into society as a law-abiding citizen.

REASONS FOR SPECIAL CONDITIONS

The Board imposes a special condition that is both reasonable and necessary in order to protect
family members of the victim from further harm. This condition will remain in effect for the duration
of your release unless removed or modified in a further decision of the Board.

During the sentencing process, the family of the victim provided victim impact statements that
indicate they continue to be deeply affected by the loss of the victim, as a result of your actions. In
order to prevent any further trauma, you are not have any direct or indirect contact with the
victim's family.

DECISION(S) AND VOTES :

FULL PAROLE - PRE RELEASE GRANTED 2020-01-17

Board Member Vote Vote Date

GAUCI, M. V. GRANTED 2020-01-15

SULLIVAN, C. . GRANTED 2020-01-17

SIGNATURES :

GAUCI, M. V. Board Member Signature Date

SULLIVAN, C. . Board Member Signature Date

FPS : Name : FORCILLO, JAMES File No :

PBC 82 (14-03) OMS

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