'He was unrelenting in his attack,' Crown wraps up closing submissions in Barrie, Ont. double-murder trial
Warning: Readers may find the contents disturbing.
In her closing submissions, Crown Attorney Kristin Smyth called the events that transpired on Feb. 8, 2017, in a Barrie, Ont. apartment "truly heinous and hateful."
Smyth said Dyrrin Daley, accused of killing Nick Pasowisty, 19, and his father James Pasowisty,51, "caused their deaths unlawfully and in no way did so in self-defence."
"He was unrelenting in his attack," she added.
The Crown maintained the accused planned to steal marijuana from the Pasowistys when he went to their William Street home in the early morning hours on Feb. 8, but his plan went sideways, ending in murder.
Daley, who has been behind bars since his arrest four years ago, claims he only aimed to protect himself with his pocket knife after the father and son allegedly tackled him.
On Friday, the Crown focused on the death of the younger Pasowisty, telling the court the accused chased Nick around the apartment and trapped him in a "continuous and brutal stabbing."
Smyth detailed how Nick's throat had been slit and his Achilles tendon severed before he called 911. "He was unable to move and unable to make a sound," Smyth said of the call. Nick bled out for more than eight minutes before dying of his injuries.
Daley's lawyer, James Harbic, suggested the Crown's submissions amounted to nothing more than conjecture and, in some cases, speculation.
"The Crown is entitled to theorize," he said. "The court acts on evidence."
Harbic told the court the scene was compromised by contamination when first responders rushed in. "Their own expert witness refuses to give an opinion as to what transpired. It's my respectful submission to give fodder for the court to think it over very carefully," he added.
Harbic said James called his client the N-word, accusing him of owing money. "Those ugly words would have contributed to the fear and the frenzy that he [Daley] went into," Harbic stated.
Daley previously testified he feared he would be thrown from the balcony by the father and son.
Harbic said the 73 stab wounds inflicted on Nick and James, respectively, "is not an overwhelming number when the accused has such a small knife."
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.
With closing submissions complete, Justice Vanessa Christie will release her decision on August 30.
With files from CTV's Mike Arsalides
CTVNews.ca Top Stories
Here's where Canadians are living abroad: report
A recent report sheds light on Canadians living abroad--estimated at around four million people in 2016—and the public policies that impact them.
What is a 'halal mortgage'? Does it make housing more accessible?
The 2024 federal budget announced on April 16 included plans to introduce “halal mortgages” as a way to increase access to home ownership.
'We are declaring our readiness': No decision made yet as Poland declares it's ready to host nuclear weapons
Polish President Andrzej Duda says while no decision has been made around whether Poland will host nuclear weapons as part of an expansion of the NATO alliance’s nuclear sharing program, his country is willing and prepared to do so.
Deadly six-vehicle crash on Highway 400 sparked by road rage incident
One person was killed in a six-vehicle crash on Highway 400 in Innisfil Friday evening.
Invasive and toxic hammerhead worms make themselves at home in Ontario
Ontario is now home to an invasive and toxic worm species that can grow up to three feet long and can be dangerous to small animals and pets.
Harvey Weinstein hospitalized after return to New York from upstate prison
Harvey Weinstein’s lawyer said Saturday that the onetime movie mogul has been hospitalized for a battery of tests after his return to New York City following an appeals court ruling nullifying his 2020 rape conviction.
Opinion I just don't get Taylor Swift
It's one thing to say you like Taylor Swift and her music, but don't blame CNN's AJ Willingham's when she says she just 'doesn't get' the global phenomenon.
Central Alberta queer groups react to request from Red Deer-South to reinstate Jennifer Johnson to UCP caucus
A number of LGBQT+2s groups in Central Alberta are pushing back against a request from the Red Deer South UCP constituency to reinstate MLA Jennifer Johnson into the UCP caucus.
Mookie Betts leads Dodgers past Blue Jays 4-2; Toronto drops fifth consecutive game
Mookie Betts went 3 for 5, including a triple and an RBI single, as the Los Angeles Dodgers beat the Toronto Blue Jays 4-2 on Saturday.