'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
BREAKING Average hourly wage in Canada now $34.95: StatCan
Average hourly wages among Canadian employees rose to $34.95 on a year-over-year basis in April, a 4.7 per cent increase, according to a Statistics Canada report released Friday morning.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
This iconic Canadian song is turning 50
Andy Kim's 'Rock Me Gently' is marking a major milestone, as it celebrates its 50th anniversary.
Oprah Winfrey: I set an unrealistic standard for dieting
Oprah Winfrey said on Thursday evening that she has long played a role in promoting unhealthy and unrealistic diets.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Toronto police called to Drake's Bridle Path mansion for another alleged intruder on Thursday
Toronto police say a man who allegedly attempted to access Drake’s Bridle Path property was taken to hospital on Thursday after an altercation with security guards.
Flat tire on a highway? Here's why you shouldn't try to fix it
If you're cruising down a highway and realize you have a flat tire, you may want to think twice before stopping to fix it on the side of the road.
Storm-battered U.S. South is again under threat. A boy swept into a drain fights for his life
Dangerous storms crashed over parts of the U.S. South on Thursday even as the region cleaned up from earlier severe weather that spawned tornadoes, killed at least three people, and gravely injured a boy who was swept into a storm drain as he played in a flooded street.
Broadcaster and commentator Rex Murphy dead at 77: National Post
The National Post is reporting that Rex Murphy, the pundit and columnist who hosted a national call-in radio show for decades, has died.