'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
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
'Tactical evacuations' underway near Fort Nelson, B.C., as wildfires encroach
The BC Wildfire Service says 'tactical evacuations' began Friday near Fort Nelson, B.C., due to an out-of-control wildfire that has grown rapidly since it was discovered earlier in the afternoon.
Snowbirds in Vancouver for puck-drop flyby as Canucks face Oilers
The Canadian Forces Snowbirds will be performing a flyover across downtown Vancouver at the start of tonight's Stanley Cup playoff game between the Canucks and the Edmonton Oilers.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Video shows naked raccoon catching B.C. family by surprise
When Marvin Henschel spotted a strange and hairless creature wandering through a front lawn in B.C.'s Lower Mainland, he could barely believe his eyes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Out-of-control wildfire prompts evacuation alert for Fort McMurray, Saprae Creek Estates Friday night
An evacuation alert was issued for two Wood Buffalo communities Friday night, as crews battled an out-of-control wildfire near Fort McMurray.