'He was unrelenting in his attack,' Crown wraps up closing submissions in Barrie, Ont. double-murder trial
BARRIE, ONT. -- > 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