Tim Bosma trial: Mark Smich feared being framed by Dellen Millard, defence suggests
Millard planned and executed heist of Bobcat tractor, court hears
Accused murderers Dellen Millard and Mark Smich had been involved in criminal activity together before, court heard Wednesday — but in the face of the Tim Bosma murder investigation, Smich was terrified that Millard would frame him, his legal team suggested.
The day's explosive testimony in the trial of the two men accused of killing Bosma opened a door into their world and the sometimes shady dealings within it.
The jury heard about a toolbox that contained a gun, and Smich's endeavours to get rid of it in the days after Bosma went missing — as well as Smich's fears that Millard would frame him after he was arrested.
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Smich, 28, of Oakville, Ont., and Millard, 30, of Toronto, are on trial in Ontario Superior Court in Hamilton accused of killing Bosma, who lived in the suburban Ancaster area of Hamilton. Both have pleaded not guilty to first-degree murder.
Bosma vanished on May 6, 2013, after taking two men on a test drive in a truck he was trying to sell.
The day began with testimony from Smich's onetime best friend Brendan Daly, who said that Smich got rid of a gun he had been hiding at his mother's home just after Bosma vanished. Daly also described his friend's anger issues and his violent rap lyrics — but it was in cross-examination from Smich's lawyer Thomas Dungey that Smich's worries about being framed arose.
Dungey said his client didn't know he would be given a gun, and that he was worried Millard would try to frame him after he was arrested.
"He's fearful because he's afraid that Dellen Millard will frame him, correct?" Dungey said. "Correct," Daly responded.
"He told you that he was not there when something went down, correct?" Dungey asked, and again, Daly said yes.
Smich had anger issues, friend testifies
The jury also heard that Daly told police that Smich had an angry side.
"Aggravated, but like, on a regular basis … but like even then, there's something, anger … but it's been like that since I first met him, which is weird," one of Daly's statements to police read.
"Like, once I kind of get high and he starts talking about all that violent stuff, and like, he makes jokes about stuff, but you look, and he's kind of got a serious face, you know what I mean."
Millard's lawyer, Ravin Pillay, questioned Daly about Smich telling him about the gun he had hidden at his mother's home.
In his statement to police, Daly had said: "I went to chill with him … when he was back at home at his mom's house, and that's when he told me that the toolbox had been in a washing machine in his garage, but that he had gotten rid of it."
'When I'm angry you're in danger'
"He told you he was afraid that his mother's house might be raided by the police," Pillay said, and Daly agreed.
"Mark didn't tell you, 'Hey, I'm worried about my mom?'" Pillay asked. "No, he didn't say that," Daly said.
Pillay also talked about the rap recordings Smich had on his iPad, and read out some of his lyrics in court: "My .380 is no stranger, when I'm angry you're in danger."
"He would rap about his gun?" Pillay asked Daly. "He would mention guns," the witness responded.
A spent .380-calibre shell was found inside Bosma's truck, and a firearms expert testified earlier this week that photos of a gun found on both Millard's computer and Smich's iPad were consistent with a Walther PPK handgun, which uses .380-calibre ammunition.
Millard planned tractor theft, court hears
Millard's longtime friend Matt Hagerman also testified Wednesday, and told the jury about how Millard enlisted several friends to act as lookouts and help him steal a Bobcat tractor in the fall of 2012. The jury heard earlier this week that police were investigating the tractor found in the hangar as stolen.
"Dellen had texted me late at night and had asked if I wanted to be a lookout, because he was going to run a mission and I agreed to it," Hagerman said. "We were given walkie-talkies … I was dropped off in a rural area and I was supposed to communicate if a car was coming down the street. The intention was Dellen Millard was going to steal some sort of construction vehicle."
Texts extracted from Millard's phone that were displayed in court suggested that Smich, Hagerman and friends Andrew Michalski and Steven Kenney were involved.
"It was Dellen's plan," Hagerman said, turning his eyes down to the floor, unable to meet Millard's gaze.
Court also saw texts describing two other prospective heists from around that same time — one of riding lawn mowers, and another of trees. Hagerman said he didn't end up involved in either.
Hagerman said that group of friends drifted apart sometime later in 2012, a year before Bosma disappeared.
"Relationships were periodic. We would see each other when we could," Hagerman said, adding that he considered Michalski a good friend, but hasn't spoken to him since May 2013.
"We had come to an agreement related to this case, and lies had been said," he said.
An objection from Millard's lawyer halted Hagerman from saying any more.
'He said he was feeling some heat'
Assistant Crown attorney Craig Fraser also asked Hagerman about the events of May 9, 2013. Hagerman testified that he started getting frantic calls from Millard's girlfriend Christina Noudga's phone that night.
Hagerman said he didn't speak to the person on the other end, but he did text with someone he believed to be Dellen Millard. Those texts were deleted from his phone, but recovered by police.
"He said he was feeling some heat … and asked me if I could hold onto some things," Hagerman said.
A text from Hagerman to Noudga's phone was shown in court that read: "Can you tell me what these toys are so I can prepare myself?" The response back read: "A tool box." Hagerman replied, "Haha full of guns?"
A text back from Noudga's phone simply read "2."
Millard showed up at his home at 4 a.m. after sending those messages, Hagerman testified. In court, Fraser placed the toolbox on the edge of the witness box, right in front of Hagerman.
"That is what he brought me," Hagerman said, his voice warbling.
At the end of the day, Hagerman dashed out of the courthouse and into a waiting truck wearing sunglasses, a toque and a balaclava in an attempt to avoid having his picture taken by reporters.
CBC reporter Adam Carter is in the courtroom each day reporting live on the trial. You can view a recap of his live blog here: