'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
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.