Accused murderer ‘annihilated’ Barrie, Ont. father and son: Crown says
BARRIE, ONT. -- Warning: Readers may find some content distressing.
Crown Attorney Ray Williams attacked the testimony of Dyrrin Daley in a Barrie, Ont., courtroom Thursday, calling it preposterous, unreliable and littered with "untruths, omissions and lies."
"The story he told this court is not true," Williams told the court on Thursday during closing submissions, accusing Daley of "annihilating" both James and Nick Pasowisty on Feb. 8, 2017.
"These were two unarmed, ill-prepared men who were wiped out by Mr. Daley," the Crown said.
The Crown said Daley's testimony of what happened in the early morning hours four years ago was rehearsed and contrived, adding Daley's version of events was similar to that of "a bad high school play."
Williams told Justice Vanessa Christie that Daley's story defied common sense.
Since his arrest, Daley claimed he killed the father and son in self-defence, saying he intended to make a marijuana deal with the two men when he was attacked.
Daley said he went into a frenzy, stabbing at the two to save himself.
The Crown told the court it was not an act of self-defence, noting the Pasowisty's were found to have 73 stab wounds respectively, while Daley walked away with a cut on his finger.
"How the Pasowistys met Daley in their home remains a mystery, but the results were tragic," Williams said.
Daley testified he brought a blade along with a duffle bag containing a pellet gun, an extendable baton and a special forces tactical flashlight to sell or trade for marijuana and cash.
The accused testified James called him the N-word and tackled him after saying Daley owed money.
"This big struggle, this life and death struggle. It never happened," Williams proclaimed.
Nick Pasowisty (19) and James Pasowisty (51) Undated Photo.
The Crown told the court Daley visited the Pasowistys home around 3 a.m. unannounced and uninvited in search of marijuana.
The result Williams said was the Pasowistys being left to die in pools of blood inside their apartment.
"The 73-0 score, if you were keeping such a ghastly score, is not proportionate," Williams stated.
"I'm not suggesting he was required by law to retreat, but there were so many other options available than annihilating these two men," he continued.
Daley is charged with first-degree murder in Nick Pasowisty's death and second-degree murder for the death of James Pasowisty.
If convicted of first-degree murder, Daley could face a minimum 25-year sentence, while second-degree murder carries at least 10 years behind bars.
The Crown will continue its closing submissions Friday.