Judge lays out several questions for jury in James Forcillo trial

Const. JamesForcillomade a mistake in shootingSammyYatim, but that doesn't make him guilty of the charges he's facing, Ontario Superior CourtJustice Edward Then said Tuesday in his final instructions to the jury.

Forcillo,32,has pleaded not guilty to charges of second-degree murder and attempted murder in connection withYatim'sdeath on board a streetcar July 27, 2013.

On Tuesday, Then said the question jurors have to grapple with is not whether the 18-year-oldposed a real threat "but rather whether OfficerForcilloreasonably believed in the circumstances that he was being threatened.

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"Even if it was a mistaken belief, as long as it's reasonable, it can be justified," Then said.

He told jurors not toconsider the Crown's opinion that police officers who testified had "circled the wagons" aroundForcillo. He also warned jurors not to considerYatim'sstate of mind at the time.

Yatim, who was high on drugs at the time, had frightened passengers on the 505Dundasstreetcar by exposing his genitals and then pulling out a knife.

The jury has heard evidence thatForcillofired nine bullets atYatim, eight of which struck the teen. The Toronto police constable said he was acting in self-defence.

Then hopes to leaveForcillo's fate in the hands of the jury by lunchtime Wednesday.