The fate of two men accused of murdering Tim Bosma is now in the hands of a jury after Justice Andrew Goodman wrapped up his instructions to jurors in a Hamilton court this afternoon.
On Day 2 of his charge to jurors Monday, Goodman went through what the jury must consider as they begin their deliberations.
Dellen Millard, a 30-year-old Toronto resident, and 28-year-old Mark Smich, of Oakville, have both pleaded not guilty to first-degree murder in connection with Bosma’s death.
Bosma disappeared from his Ancaster home in May 2013 after taking two men for a test drive his pickup truck.
The Crown alleges that Bosma was killed in a planned and deliberate attack by the two accused, who allegedly intended to steal a truck, kill its owner and burn the body in an incinerator.
Millard and Smich insisted that the incident was not planned and both claimed it was the other who pulled the trigger.
The jurors were also cautioned about certain comments made by defence lawyers and the Crown prosecutor that were not supported by the evidence.
On Monday, the judge pointed to a suggestion made by Millard’s lawyer Ravin Pillay that the the shooting was accidental. Goodman said there was no evidence presented at the trial to support that assertion.
The judge also told the jurors that "personal" opinions put forward by the lawyers is not considered to be evidence.
In his closing arguments, Smich’s lawyer Thomas Dungey said Millard had a “demonic” mind.
During his instructions to the jury, Goodman warned jurors not to form an opinion about guilt based on the emotions they may feel for Bosma’s family but to evaluate only the evidence that is before them.
Goodman referenced a comment made by the Crown in closing submissions that Bosma was “trying to get back to (his daughter)” after the test drive.
"You must disregard this in your determination of fact,” Goodman said.
The jurors were told that they must consider each of the accused separately.
Goodman said the two men can be found not guilty, guilty of manslaughter, guilty of second-degree murder, or guilty first-degree murder.
The judge made it clear that the jury cannot find either Millard or Smich guilty of being an accessory after the fact.