Court File and Parties
COURT FILE NO.: 19-001 DATE: 20210830
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
DYRRIN DALEY
Counsel: Raymond Williams and Kristin Smyth, for the Crown James Harbic, for the Defendant
HEARD: May 11, 12, 13, 14, 19, 20, 21, 25, 26, 27, 28, 31, June 7, 8, 9, 10, 11, 16, 17, 18, 2021, Barrie, Ontario
V. Christie
Overview
[1] In the early morning hours of February 8, 2017, father and son, James Pasowisty (51 years old) and Nickolas Pasowisty (19 years old) died in their home on 54 William Street in Barrie as a result of multiple stab wounds – 73 sharp force injury wounds in total – to various parts of their body.
[2] Dyrrin Daley caused those wounds with a knife he brought to the residence, and, subsequently, left behind.
[3] These parties were known to each other. Dyrrin Daley was a regular customer of the Pasowistys, purchasing marijuana from them daily. Beyond that, the parties had known each other for many years, as James Pasowisty was in a short relationship with Mr. Daley’s mother years prior and the two remained friends and stayed in contact after the relationship ended.
[4] Despite these known facts, there is great disagreement as to what occurred and why it occurred on February 8, 2017. This court has carefully considered the evidence and submissions of counsel in this multi-week judge alone trial and through several weeks of deliberation.
[5] The reasons which follow explain the conclusions this court has reached. In many places throughout these reasons, people will be referred to by first name only so as to avoid confusion. No disrespect is intended.
Charges
[6] Dyrrin Daley stands charged as follows:
That on or about the 8th day of February in the year 2017, at the City of Barrie in the said Region, he did commit first degree murder on the person of Nickolas Pasowisty, contrary to the Criminal Code of Canada; and
That on or about the 8th day of February in the year 2017, at the City of Barrie in the said Region, he did commit second degree murder on the person of James Pasowisty, contrary to the Criminal Code of Canada.
Facts Not Significantly in Dispute
[7] There was a great deal of evidence heard in this case, much of which was not in significant dispute. Having said that, this court has carefully considered all aspects of the evidence, both individually and collectively, in finding the facts set out below.
Background on James and Nickolas Pasowisty
[8] Rose Beaton, mother of Nickolas and former common-law partner of James, provided some background to the court.
[9] Ms. Beaton met James around 1992 when she was living in Oshawa. James was staying at a hostile for men at the time. Ms. Beaton was a teenage mother, with one daughter, Tracy, age two. James was 10 years older than Ms. Beaton. She described James as very smart, a person that everyone got along with. The relationship developed over a month or two. When Ms. Beaton introduced James to her daughter, they clicked, as he loved children and that was important to her. Ms. Beaton and James never formally married but she considered them married. They always supported each other, and Ms. Beaton felt that she could trust James with her life. She described their bond as strong. They started living together in the Oshawa area about five or six months into their relationship. They moved around quite a bit.
[10] A few years into the relationship, Ms. Beaton became pregnant and Nickolas Victor Pasowisty was born on November 19, 1997 in Orillia. James was so proud of his son and was so happy to be a father.
[11] The relationship between Ms. Beaton and James broke down in 2000 or 2001. James was a “pot smoker” throughout the relationship and would sometimes pawn their belongings to buy marijuana. According to Ms. Beaton, if James did not have marijuana, he would become sick. Ms. Beaton had not smoked marijuana since she was younger, and James’ usage made her “unsettled”. James never worked during their relationship, other than odd jobs, and this bothered Ms. Beaton. James was selling marijuana during the relationship, although purchasers were never allowed to come to her home. Ms. Beaton agreed that marijuana had a lot to do with their breakup.
[12] According to Ms. Beaton, they “never really parted ways”. Even though the intimate relationship broke down, James and Ms. Beaton remained friends; in fact, Ms. Beaton described James as her “best friend” and the father of her children. Even though James had never adopted her daughter Tracy, James acted as a father to Tracy.
[13] Ms. Beaton remarried in 2005 and her and her husband moved to the Barrie area. In 2006, Ms. Beaton started a job cleaning at Honda. It was there and then that she met Vicky Daley. Ms. Daley had two sons, Dyrrin and Tyrell. Ms. Beaton described Vicky Daley as her “real true friend” and “best friend”. After Ms. Beaton had worked at Honda for about six or eight months, James was looking for a job. Ms. Beaton suggested a cleaning job that was open at Honda and James was hired. At Honda, James and Vicky Daley were introduced and began a relationship. Ms. Beaton testified that she wanted James to find someone that was right for him, that she loved him but was not in love with him.
[14] James moved in with Ms. Daley and the relationship continued for about six months.
[15] Approximately 10 months into her employment at Honda, Ms. Beaton was fired. Sometime later, Ms. Beaton and Ms. Daley worked together again at Hydro One, and remained friends.
[16] Nickolas continued to live full time with his mother and stepfather. As for the relationship between Ms. Beaton and James, they would call each other periodically. They would also meet up so that James could see Nickolas. Ms. Beaton stated that James was not as “hands on” at that time and was busy with his own thing.
[17] About two years before Nickolas moved in with his father, James had been diagnosed with fetal alcohol syndrome and started receiving disability. Although Ms. Beaton stated that he was “not a big dealer”, James would sell a little marijuana to supplement his income. When asked if James used alcohol, Ms. Beaton explained that he would drink every year for three or four days on the anniversary of his mother’s death.
[18] When Nickolas was 16 or 17 years old, Ms. Beaton and her husband were encouraging Nickolas to get a job, but he suffered from anxiety and did not feel that he could go to school and work. Ms. Beaton explained that Nickolas, in fact, had a learning disability. Ms. Beaton’s husband, more than Ms. Beaton herself, was insisting on Nickolas getting a job which was making Nickolas more anxious. In one conversation, Nickolas became upset and Ms. Beaton called the police because she wanted him to leave. Nickolas then went to live with his father, James, which really upset Ms. Beaton. She did not agree with Nickolas going to live with his father and wanted him to come back home. However, James explained to Ms. Beaton that Nickolas would stay with him for the time being and, if he wanted to come back later, that was his choice. At that time, James had been living, for about a year, at 54 William Street in Barrie, which was close to where Ms. Beaton resided. James rented the 2-bedroom unit on the second floor of that address and the landlord lived downstairs. As far as Ms. Beaton knew, Nickolas was continuing to attend high school at Central Collegiate.
[19] Ms. Beaton would go to 54 William on occasion to clean the apartment. She testified that they lived like bachelors and that it was a “rough house”. As far as accessing the unit, there was nothing at the main door to alert the occupants to a guest. Ms. Beaton stated that she would just “knock and walk”, as the door was usually unlocked, although it was locked on three or four occasions. Ms. Beaton stated that when she attended at the residence, James was always in his chair, which was depicted on Exhibit 1 in the corner of the living room, closest to the balcony. The television was in the diagonal corner from this chair.
[20] In the couple of months prior to February 2017, Ms. Beaton stated that James would sit in his chair with his bong beside him or joints and would smoke throughout the day. She stated that James was “not a huge smoker but always had it”. Nickolas was also using marijuana, but Ms. Beaton did not know how much. Nickolas did not have any legitimate source of income and Ms. Beaton did not know if he was assisting in selling marijuana. She described Nickolas as very sensitive, calm, and very attentive. She stated that he was “everyone’s buddy”. Ms. Beaton was concerned that Nikolas would engage in smoking marijuana when living with his father which was what happened. According to Ms. Beaton, James preferred that Nickolas smoke his marijuana as opposed to going to get his own which could be laced with other drugs.
[21] Ms. Beaton described James as “fairly healthy”, other than having fetal alcohol syndrome, although not athletic. As for Nickolas, she stated that he was not attending a gym, although he had a bar in the doorway and did pullups. She did not know if Nickolas used any weights. She stated that, “he was loungy like his father”. As for technology, Ms. Beaton stated that James used a flip phone, had regular cable, played some video games, but was not “techy”. If she needed to reach James, she would call or text his cell phone. Nickolas regularly played Xbox and PlayStation and would communicate with people by text. Ms. Beaton would reach Nickolas on his cell phone, although, she stated that he did not have service at the time. She explained that he could message through the video game service.
[22] As for Vicky Daley, Ms. Beaton stated that she saw Ms. Daley at 54 William a couple of times when Ms. Daley was there to get marijuana for her son, Dyrrin. Ms. Beaton also saw Dyrrin Daley there once, but she did not know when this occurred. Ms. Beaton did not believe there was any relationship between Mr. Daley and either Nickolas or James.
[23] On February 8, 2017, Ms. Beaton was home when she received a call from a detective and police then arrived at her home. Ms. Beaton was advised that her son and James had been murdered. While still reeling from the shock, Ms. Beaton telephoned Vicky Daley to tell her what she had just learned. Ms. Beaton and Ms. Daley have not had any further contact.
Background on Dyrrin Daley and the Development of the Relationship Between the Daleys and the Pasowistys
[24] Vicky Daley met Paul Daley in Calgary many years ago and they married in 1991. They had two sons Tyrell Daley (born in 1991) and Dyrrin Daley (born in 1992). They all moved to Ontario around 1997 or 1998. The marriage began to have difficulties in 1999 and the relationship ended in 2000. Ultimately, they were divorced.
[25] After the divorce, Ms. Daley stayed in Barrie and a few years later Paul Daley moved to Kingston. Dyrrin and Tyrell would go back and forth living with each parent, however, when Paul moved to Kingston, both boys went with him. Dyrrin returned to live with his mother a couple of years later. Tyrell stayed with his father but then came back to his mother about a year after Dyrrin returned. The boys continued to go back and forth throughout the years.
[26] After coming to Ontario, Ms. Daley was initially unemployed, but then started looking after children on the base where they resided for a year or two. Following that, she worked as a cleaner on the base. Just as the couple were separating, Ms. Daley commenced working as a cleaner at Honda. She stayed at Honda for 10-11 years. While working at Honda, Ms. Daley met Rose Beaton, as they worked together. They became very close and, in fact, were best friends up to the day that Dyrrin Daley was arrested.
[27] Around the same time Ms. Daley met Ms. Beaton, she also met James Pasowisty at Honda. Ms. Daley was aware that James and Ms. Beaton were previously a couple. A couple of months after they met, about a year after her divorce was final, they started a romantic relationship. This did not seem to cause any issues between Ms. Daley and Ms. Beaton. A couple of months into their relationship, in the mid 2000’s, Vicky Daley and James Pasowisty lived together in a townhome on Shadowood Road in Barrie. Also living at Shadowood Road was Dyrrin Daley, James’ daughter, Tracy, and a roommate in the basement. Tyrell was living with his father. Ms. Daley would also see Nickolas when he came to visit. Nickolas was a lot younger than Dyrrin, but they were friendly and would play games together. There was no animosity. James was supporting himself with social assistance at the time. Ms. Daley was still working at Honda. James used marijuana, however he was not selling marijuana at that time.
[28] James Pasowisty lived at Shadowood for less than six months and then they all went their own way. According to Ms. Daley, the reason for the breakdown in the relationship was that James was a racist, he was a drinker, and he was abusive. Ms. Daley claimed that James asked her how she could have black children, and that James almost got into a fight with Dyrrin one night.
[29] After the relationship ended, Ms. Daley moved to 11 Marcus Street in Barrie with Dyrrin, where she rented the main level, left side, of a home. Tyrell also joined them at 11 Marcus. She lived there continuously up to, and including, the time of these events. Gary Richardson, her common law partner, also lived at Marcus.
[30] After the relationship between James and Ms. Daley ended, Ms. Daley remained in contact with James and they were still friendly. He would come to the residence on Marcus, but not very often. Nickolas also came to Marcus a couple of times. Ms. Daley would see James, on average, a couple of times per month. In addition to James coming to Marcus Street, Ms. Daley and her common law spouse, Gary, would go visit James at his residence.
[31] By 2015 or 2016, Ms. Daley understood that James was selling marijuana. She discovered this when she and Gary were visiting, and Gary bought some marijuana from him.
The Daleys’ Circumstances as of February 2017
[32] By February 2017, Paul Daley was posted back to Base Borden and was living in Angus. Tyrell was on his own in Barrie, living with friends. Dyrrin lived at 11 Marcus with Ms. Daley and her common law spouse, Gary. A week prior to February 7, 2017, Gary had moved out and was living with friends. There were three bedrooms at Marcus Street. Ms. Daley used the spare room (first bedroom on the left when going up the hallway) and the living room, but slept in the living room most of the time. Dyrrin used two rooms in the house. His bedroom was the room straight at the end of the hallway and to the right of that was a spare room that he used.
[33] The relationship between Ms. Daley and her son, Dyrrin, was very good and they were quite close. She described Dyrrin as always respectful toward her, soft spoken, mild tempered and that he did not get upset easily. Ms. Daley described Dyrrin as being in good health at that time. She stated that he worked out in his room all the time; although she did not see him, she would hear him working out and he would come out sweating. He had weights and a bike. She described him as strong. She also stated that Dyrrin was involved in sports over the years, including soccer, basketball, and swimming.
[34] The Daley residence had two vehicles. Ms. Daley had a Honda Civic, which Dyrrin would drive from time to time. Dyrrin had a Honda CRV, which he paid for and owned, however, Ms. Daley would drive it on occasion.
[35] There was no landline at 11 Marcus, rather they each had a cell phone. Dyrrin paid for and used an iPhone.
[36] As of February 2017, Ms. Daley was a cleaner subcontracted to Hydro One. She had been there approximately 4 years. She worked 7 days per week, 9:30 a.m. to 3:30 p.m. She worked at one location, Sarjeant Drive in Barrie. At that time, she also had another weekend job. Dyrrin also worked as a cleaner for Hydro One. He worked Monday to Friday, but no set hours. He would work 2 – 2.5 hours per day, never full days. His location of work was on Tiffin Street. Dyrrin was also receiving “working welfare”. To make extra money, Dyrrin would also sell or pawn items, and Ms. Daley agreed he was a bit of a “wheeler/dealer”. In cross-examination, Ms. Daley agreed that Dyrrin was interested in music and that she and Dyrrin’s father were going to help him pay for college to pursue that interest.
[37] In the early part of 2017, Dyrrin did not owe his mother any money but she believed that he owed his father $200 as a result of losing money on slot machines at Georgian Downs. He also owed some money to a friend of his, Avery, for marijuana. Ms. Daley was not aware of Dyrrin owning anyone else, and to her knowledge, Dyrrin did not owe anything to the Pasowistys.
[38] Around this time, Dyrrin played video games every day. He had the latest brand-new PlayStation, which he had purchased with his Christmas money, along with a couple of games. Ms. Daley believed that he also had an Xbox with lots of games, which he had for a couple of years. Dyrrin had a few friends that would come over and play games, including Avery and one other. Nickolas and James were not part of that group.
Marijuana Purchases in Early 2017
[39] Ms. Daley did not use marijuana but Gary and Dyrrin did.
[40] As for who supplied Gary, they would buy from James and a few other people. As of January / February 2017, when Gary purchased from James, Ms. Daley would most often go do the purchasing. She estimated that would occur once per week, at which time she would purchase 3 grams.
[41] At that time, Dyrrin was using marijuana, through a bong, every day in his room. Ms. Daley admitted that she bought it for Dyrrin and that it was mostly purchased from James. In January / February 2017, the purchases were every day. She would purchase one gram at a time, as neither she nor Dyrrin wanted much marijuana around to avoid any problems with police. She considered it an informal house rule. Sometimes she would pay at the time and other times James would spot them the marijuana and she would pay later. The most she ever owed was between $100 and $130. When Ms. Daley got paid, she would pay the bill. She never borrowed money from James or lent money to James. The most she ever purchased for Dyrrin was one gram and the cost was $10. The price never changed. In cross examination, Ms. Daley agreed that on occasion, Dyrrin would purchase more than a gram.
[42] As for the purchases from James, earlier on, Ms. Daley would simply go to his house, in the living room. James kept the marijuana right beside him in his chair in the cushion. The marijuana would not be weighed in her presence, rather it would be in a dime bag. However, in the last few weeks or month prior to his death, James told her that there was “heat” at his house, so they would meet at a park, down the street, at Circle K, or sometimes in his driveway. Ms. Daley would text James to make the request for marijuana and James would say where to meet him. They would meet every day. They never talked on the telephone. She never texted with Nickolas. The transactions were not at a set time. Sometimes it would be in the morning at 8 a.m., before work, or sometimes after work, after 3:30 p.m. The latest she ever purchased was 8 p.m. Ms. Daley never bought anything from James other than marijuana and he never offered anything other than marijuana.
[43] Ms. Daley was inside James’ apartment lots in the few months before he passed. When Ms. Daley would go there, Nickolas would usually be in his room, sometimes with friends. On occasion, Ms. Daley and Gary would go over to William Street, buy weed, talk and spend an hour, but most visits were less than 5 minutes. She described one instance where she purchased from Nickolas down the road. She assumed that James must have been busy. She never bought marijuana from Nickolas in the residence.
[44] Ms. Daley never saw Dyrrin at the William Street residence, although she did say that if she left money, Dyrrin would go over during the day to purchase marijuana. She knew that Dyrrin texted James to make arrangements and that sometimes he met Nikolas for the transaction. When asked why she purchased the marijuana for Dyrrin, she stated that Dyrrin told her that he did not like going over there most of the time, and that it was a “run around” when he would go there. Ms. Daley became aware and was shocked to learn that when James would spot Dyrrin, he would take collateral, at one time taking jewelry. She was aware of this because when she paid the bill, he handed her a bag of jewelry. This only happened a few times. Ms. Daley talked to Dyrrin and to James about this. Ms. Daley did not approve of this happening. In cross-examination, Ms. Daley agreed that James and Nickolas would both deal with Dyrrin from time to time in providing him with marijuana in exchange for money or sometimes collateral. She agreed that it would not be unusual for Dyrrin to give items in exchange for marijuana instead of cash.
[45] According to Ms. Daley, Dyrrin was not restricted from going over after hours and Dyrrin and Nickolas were both “nighthawks”. Further, she agreed that it would not be unusual for Dyrrin to go over to William without calling or texting James or Nickolas. Ms. Daley added that sometimes James’ phone did not work as it was pay as you go. Ms. Daley never heard any complaints from Nickolas or James about Dyrrin showing up late or unannounced. In re-examination, Ms. Daley admitted that she had no firsthand knowledge of Dyrrin going over to William late at night or unannounced.
[46] Leading up to February 7, 2017, Dyrrin and Nikolas did not socialize. According to Ms. Daley, they would meet for “weed pickups” every so often, but they were not in the same circle of friends. Ms. Daley agreed that Dyrrin preferred to deal with Nickolas over James as Nickolas was more his age.
[47] On February 4, 2017, Nickolas came to Marcus Street, around noon, because James had left his phone in Ms. Daley’s car that morning. Ms. Daley had met James that morning at a park to buy marijuana. Dyrrin was in his room when Nikolas attended and there was no interaction between them. Nickolas was there less than 5 minutes.
[48] On February 6, 2017, Vicky Daley and James exchanged the following text messages:
| From | To | Time | Message |
|---|---|---|---|
| Vicky | James | 4:31 p.m. | Need a g. Please… Plus I will pay 10.00, DK owes |
| James | Vicky | 4:32 p.m. | K i will meet u at the park let me know when ur leaving |
| Vicky | James | 4:33 p.m. 4:46 p.m. |
Yes in a bit. Will text. Thanks Leaving now. Be ready. Thanks. |
Ms. Daley did not have a specific recollection of this message but did not deny it was sent. She had not loaned her phone to anyone that day and no one else used her phone. She interpreted this message in that “a g” was a gram, the “10.00” was $10.00 and “DK” was a reference to Dyrrin Daley, as these were his initials and most people called him that. She said that she probably purchased marijuana on February 6 but could not remember.
The Location / Landlord – Tenant Relationship
[49] The location where these events occurred was 54 William Street in Barrie. The two-story detached brick home was made up of two separate units: 52 William and 54 William. There was a separate door to each residence on the front of the house (54 on the left and 52 on the right), as well as a second side entrance to 52 William. At the relevant time, Harold Green owned the building and lived at 52 William Street, whereas 54 William was the apartment upstairs.
[50] There was only one entrance to 54 William. At the relevant time, there was a see-through screen door and a solid door at the front of this residence. The solid door would stay open on its own without the use of a stopper. Inside the door was a small landing and then a set of stairs which went up and then curved to the right. At the top of the stairs, there was no further door, rather, it was just an open entry in the apartment. At the top of the stairs, to the left, were two bedrooms and a bathroom. The first bedroom on the left was used by James (“Bedroom #1”). The bedroom across from the stairs was used by Nickolas (“Bedroom #2”). At the top of the stairs to the right, was the kitchen and, further in, a living room. Off the kitchen, there was a small balcony.
[51] A diagram of the layout of the upstairs unit was marked as Exhibit 1.
[52] Multiple photographs of this apartment were referred to and marked as exhibits at this trial. In addition, the court, along with all parties, took a view of the apartment on June 11, 2021. This view was video recorded, and the recording was marked as Exhibit G. There was no dispute that this apartment was a very small space.
[53] The evidence of Harold Green was introduced pursuant to s. 715.1 by tendering a copy of his preliminary hearing evidence. (Exhibit 43)
[54] According to Mr. Green, James Pasowisty had rented the upstairs apartment in approximately 2014 and remained there until his passing. Mr. Green stated that Mr. Pasowisty’s son basically lived there the entire time but he would “come and go for a couple of weeks”. The arrangement with James was month to month and he would pay rent on the first of each month, usually by cash.
[55] James and Mr. Green did not really socialize, but they were very friendly. James did work for Mr. Green around the house, such as shovelling snow and cutting grass, or other odd jobs and he would pay him for that work.
[56] Mr. Green did not go up to 54 William very often as he said, “I didn’t really have to”. He stated that there were no apartment issues. Mr. Green did not remember the last time he was in the apartment prior to February 8, 2017, but estimated it was weeks or months rather than days.
[57] As for sound between the units, Mr. Green stated that occasionally he would hear them talking but could not understand what was being said. Mr. Green never had any concerns about the noise from the apartment when James lived there. Mr. Green agreed that, generally, when he was in his residence, he could hear people going up and down the stairs. He would not agree that the stairs were squeaky but rather they were not that thick, and he could hear it. James and Nickolas also had friends that would come and go. He agreed that he would hear people coming into the house late at night, after midnight, and that was not unusual. Back in February 2017, Mr. Green was hard of hearing. He used hearing aids but did not wear those at night. Without his hearing aids, he estimated that on a scale of 0 to 10, 0 being that he could not hear anything and 10 being perfect hearing, he was a five or six.
[58] Mr. Green initially stated that it was not common to hear people in the middle of the night. He testified,
In fact, I was surprised because they usually have their door locked and these people are just coming and walking right upstairs. I thought about that, because they keep their door locked. They had – Nickolas did have friends coming in the middle of the night but – and sometimes he’d come in in the middle of the night but it wasn’t that common. And Jamie did not usually go out at all at night.
In cross-examination, Mr. Green agreed that he would hear people coming into the house late at night, after midnight, and that was not unusual. He also agreed that some of these people would just walk in and that they had a very open-door policy with their friends.
[59] As for lighting at the exterior of the residence, on February 7-8, 2017, there was a sensor light on the ceiling of the front porch between the two doors. The light would come on when someone or something went by and the activity would have to be in, approximately, the centre of the front lawn to activate it. It was not a bright light. It was a 60-watt bulb. It was enough to light the porch, but it did not show much else.
Communications between Dyrrin Daley and Nickolas and James Pasowisty Leading up to Events
[60] An agreed statement of facts and some phone records were entered as Exhibit 33A.
[61] Between January 1, 2017 and February 3, 2017, there were no cell phone communications between (705) 770-0825 (the phone number assigned to the phone used by Dyrrin Daley) and (705) 500-0665 (the phone number assigned to the phone used by Nickolas Pasowisty). The phone was activated and deactivated multiple times during this time period. On February 3, 2017, the service was cut off and the phone number was re-assigned to a new unrelated subscriber.
[62] Between January 23, 2017 and February 6, 2017, there were text messages sent and received between the phone number assigned to the phone used by Mr. Daley (705-770-0825) and the phone number assigned to the phone used by James Pasowisty (705-279-4011). For example, there were a series of SMS text messages exchanged on January 23, 2017 between 11:22:04 and 11:53:19, January 28, 2017 between 8:07:51 and 8:20:55, January 29, 2017 between 18:05:57 and 19:16:52, January 30, 2017 between 12:23:36 and 12:39:20. On January 30, 2017, there were two messages sent by the number associated to Mr. Daley at 22:24:22 and 22:28:44, however there was no response. There were also messages exchanged on January 31, 2017 between 12:38:26 and 15:52:06, February 1, 2017 between 11:07:43 and 11:55:49, again between 12:33:42 and 12:34:22, and again between 18:32:15 and 18:34:57. Text messages exchanged between February 2 and 6, 2017 were as follows:
February 2, 2017
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 10:19 a.m. | Can u do a g? |
| James | Daley | 10:20 a.m. | Yes but im not home i will drop by in 20min |
| Daley | James | 10:21 a.m. | Ok text me |
| James | Daley | 10:40 a.m. | On way 3min |
| Daley | James | 10:41 a.m. | Where to my place or do you want to meet |
| James | Daley | 10:41 a.m. | Ur place |
| Daley | James | 10:42 a.m. | Okay |
| James | Daley | 10:43 a.m. | Here |
February 3, 2021
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 4:40 p.m. | Hey can u do a g |
| James | Daley | 4:42 p.m. | Yes i will meet u at macs in 15min |
| Daley | James | 4:43 p.m. | At macs now lol |
| Daley | James | 4:44 p.m. | Do you want me to just come there? |
| James | Daley | 4:44 p.m. | Meet me at the church just down from me in 5min |
February 4, 2017
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 7:50 a.m. | Hey man how’s it going can you do a g |
| James | Daley | 7:52 a.m. | Ya i will meet u at shear park in 10min got 2 get dressed |
| James | Daley | 7:54 a.m. | Is that ok |
| Daley | James | 7:54 a.m. | Ok |
| James | Daley | 7:56 a.m. | Let me know when ur leaving |
| James | Daley | 8:03 a.m. | Where r u |
| Daley | James | 8:03 a.m. | Coming or my mom is anyway |
February 4, 2017
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 5:55 p.m. | Hey how’s it going can you do a g man |
| James | Daley | 5:57 p.m. | I just ran out going 2 text 2 get if u want text u when i get |
| Daley | James | 5:57 p.m. | Yes and how long do you think it will take to grab? |
| James | Daley | 5:58 p.m. | 30min |
| Daley | James | 5:58 p.m. | Ok n wen u have it were do you want to meet? |
| James | Daley | 5:59 p.m. | Macs is that ok |
| Daley | James | 6:04 p.m. | Ok |
| James | Daley | 6:32 p.m. | K i m leaving now 4 macs |
| James | Daley | 6:33 p.m. | Ok |
| Daley | James | 6:33 p.m. | Ok |
February 5, 2017
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 10:26 a.m. | Hey how’s it going just wondering if you can do a g |
| James | Daley | 10:27 a.m. | Im not home i can text u when i get home just left 10min ago |
| Daley | James | 10:28 a.m. | Wen r u getting home or can I drive n meet u quickly |
| James | Daley | 10:29 a.m. | I doot have anything me will b 30min at least |
| Daley | James | 10:29 a.m. 11:08 a.m. 11:35 a.m. |
Ok Do u sell smokes to cus I’ll buy smokes toand r u good now R u there? |
| James | Daley | 11:35 a.m. | Just got home u can stop by |
February 5, 2017
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 7:40 p.m. | Hey man how’s it going jus wondering if u can spot a g till tomorrow |
| James | Daley | 7:42 p.m. | Im at a super bowl party and nick isn’t home wont b home til late sorry |
| Daley | James | 7:45 p.m. 7:49 p.m. |
All good Wat time do you think you will be back? |
| James | Daley | 7:49 p.m. | Im not sure |
| Daley | James | 7:52 p.m. | K text me wen u get back or do u have any on you cus I cod drive to where u r n u cod run outside quickly n make some money |
| James | Daley | 7:54 p.m. | No i just brought enough 2 smoke im not sure if im coming back getting drunk |
| Daley | James | 7:54 p.m. | It’s all good I found some |
February 6, 2017
| FROM | TO | TIME | MESSAGE |
|---|---|---|---|
| Daley | James | 9:36 a.m. | Hey bro wats goin on just wondering if u cod spot a quarter or half q till the end of the month n I can give u the Xbox 360 to hol onto for collaterall |
| James | Daley | 9:37 a.m. | No sorry i can’t |
| Daley | James | 9:38 a.m. | Can u at least spot 2 for me? |
| James | Daley | 9:39 a.m. | No sorry im hurting my self right now |
| Daley | James | 9:39 a.m. 9:40 a.m. |
Do u at least have a g to sell but I’ll pay u wen my mom comes |
| James | Daley | 9:42 a.m. | Nick will meet u but hes just getting ready text u when he leaving |
| Daley | James | 9:42 a.m. | Where |
| James | Daley | 9:42 a.m. | Macs |
| Daley | James | 9:42 a.m. 9:49 a.m. 9:51 a.m. |
K R u good now? Can I just come there bro n nick can hop in the car quickly |
| James | Daley | 9:52 a.m. | No |
| Daley | James | 9:52 a.m. | K |
| James | Daley | 9:55 a.m. | He leaving now |
| Daley | James | 9:55 a.m. 10:04 a.m. |
Word Here |
| James | Daley | 10:04 a.m. | So should he |
| Daley | James | 10:05 a.m. 10:06 a.m. |
Don’t see him Does he have a phone |
| James | Daley | 10:07 a.m. | No he gone he was going down bradford |
| Daley | James | 10:07 a.m. | So what where is he |
| James | Daley | 10:08 a.m. | I dont fucking know |
| Daley | James | 10:08 a.m. | So i am waiting at macs so wat the fuck |
| Daley | James | 10:09 a.m. | Shod I just go or wat |
| Daley | James | 10:10 a.m. | K fuck this I’ll just go to someone else |
After the message set out above, sent and received on February 6, 2017, there were no further communications between the two devices. It should be noted that only the comments of Mr. Daley are elicited for the truth of their content.
[63] Between January 1, 2017 and February 3, 2017, there were no communications between the phone registered to Dyrrin Daley and the phone associated to Nickolas Pasowisty.
[64] The last message to anyone sent from the phone associated to James was a text message on February 7, 2017 at 9:09 p.m. sent to a phone registered to Jennifer Crockford. The next time this phone was used was at 3:19 a.m. and 3:27 a.m. when two 911 calls were made.
[65] There was no communication on the phone associated to Dyrrin Daley after 5:38:35 pm on February 7, 2017, until an incoming call on February 8, 2017 at 1:47:05 p.m. from the Barrie Police Service.
The Alvarengas and Last Known Contact with the Pasowistys
[66] Other than Dyrrin Daley, brothers, Kevin and Brian Alvarenga, were believed to be the last people to see James and Nickolas alive on February 7, 2017.
[67] Kevin Alvarenga described that he was best friends with Nickolas, who was approximately 3 years his junior. They first met at an all ages club – Spotlight – in the Barrie area six to eight years prior to February 2017. In the year leading up to these events, they were in contact very regularly. If Mr. Alvarenga was not working, he would “chill” with Nickolas. They would also have contact through Facebook messenger daily. Mr. Alvarenga described Nickolas as “a good kid” and good at picking up girls. He stated that Nickolas was his “wing man” and that they understood each other.
[68] Brian Alvarenga met Nickolas through his younger brother, Kevin. He described Nickolas as “nice” and “cool”. Brian Alvarenga also used Nickolas’ residence as a “chill spot”, although he never slept over. He would go there, hang out in Nickolas’ room, smoke marijuana, drink, play cards, and play video games. As for the marijuana, Brian would get it himself, although, on occasion, he would try some marijuana that James had and they would trade products. In cross-examination, Brian agreed that sometimes he would buy $10 or $20 worth from James and that he might have bought it there 2-4 times. In December 2016, Brian got married and stopped going to the residence, as he had “cleaned up” and “stopped drinking and smoking”. After that time, he would just go there to say hi once in a while and pick up his brother.
[69] Kevin Alvarenga had been to 54 William Street a lot and had stayed over night at the residence. When Kevin went to 54 William to visit, he would just open the door and yell to make his presence known. Sometimes the door would be locked, but not all the time. He said the door would be locked when James was not home. When this occurred, he would just message Nickolas who would be inside.
[70] Kevin was never in James’ bedroom but was in Nickolas’ bedroom all the time. He had also been in the living room a few times to talk to James. As for the balcony, he never went on the balcony and never saw anyone else on the balcony. Brian stated that he went on the balcony once when he got too high and needed some air, but never saw anyone else out there.
[71] According to Kevin Alvarenga, Nickolas came to his house a couple of times, but they always hung out at 54 William, in order to smoke marijuana, which he was not permitted to do where he lived with his parents. At Nickolas’ house, they were allowed to smoke marijuana and did so all the time. He said that there was never a visit when they did not smoke marijuana. Nickolas would block the vents so that the smell of marijuana did not go into the residence below. They would mostly smoke in Nickolas’ bedroom, but would also “take a toke” with James in the living room. They would also drink when they would get together at 54 William. In addition to smoking marijuana and drinking, they would play video games and listen to music. They would also go to the park and play with BB guns.
[72] From December 2016 to February 2017, Kevin and Nickolas saw each other face to face quite a bit, roughly every second day; in addition, they would have some kind of contact almost every day, such as through Facebook Messenger. Kevin did not recall ever having any reason to call or text James. Nickolas only had one phone from what he knew.
[73] At that time, Nickolas was supposed to go to high school but he would skip every once in a while. Nickolas did not have a job and had no income. James would be home most of the time. Kevin did not know James’ source of income. Typically, he would be sitting in his chair in the corner of the living room closest to the balcony, watching television and smoking a bong. Kevin never saw anyone else sit in that chair and said “that was his spot”. Brian also confirmed that James sat in this chair all the time.
[74] Kevin stated that he would purchase marijuana from James quite frequently and would pay in cash. He would buy a few grams and then smoke it with Nickolas. He would always do the transaction with James in the living room. He would sometimes get the product and pay later. He never loaned money to James and never asked to borrow money.
[75] Kevin perceived James as a heavy drinker and a mean drinker. James would get “scary” when he was drunk. He would mumble things like “demonic things”, “like he was talking to someone not there”. He would drink three cases of beer and make weird sounds.
[76] There were arguments between James and Nickolas and Kevin recalled that Nickolas would speak rudely to his father. Kevin agreed that Nickolas “kind of” had a bad temper, but only when using his video games. At times, James would kick Nickolas out of the apartment. Nickolas could not live with his mother because he did not like his stepfather, therefore, when he got kicked out of his father’s house, he would go stay with his sister, Tracy, or would go to his friend, Josh.
[77] Kevin agreed that Nickolas was often depressed and down. Nickolas confided in Kevin that he wanted to finish school, but he had not done so, and Kevin believed that Nickolas was disappointed in himself. He would go hang out with friends and smoke “poppers” (tobacco and marijuana). Kevin would try to encourage him to finish school, get fit, and not to smoke “poppers”, as the tobacco affected his cardio ability. According to Kevin Alvarenga, Nickolas did not work out and was weak.
[78] As for marijuana sales at 54 William, Kevin stated that James sold marijuana from the residence. James would have an ounce beside his chair or on the table by his chair. He would break it down into 3.5-gram dime bags and sell it. Kevin saw random people purchase from James in the living room and stated that he would see and hear people coming in and out, although he did not see much as he would be in the bedroom smoking and drinking. According to Kevin, the stairs were very squeaky so he would hear people coming up the stairs. Kevin agreed that it would be hard to surprise anyone when going up those stairs. He said the marijuana customers would just walk right in. Nikolas would help with the marijuana business by selling and delivering. James would tell Nickolas to go sell the marijuana and Nickolas would go out to do a deal when Kevin would be in the room. Kevin would just stay in the bedroom while Nickolas was gone, sometimes for an hour. Kevin stated that the value of an ounce of marijuana was approximately $280 and this was the most he ever saw at 54 William. He did not see or hear about any other drugs at that residence.
[79] When Kevin slept over, he would sleep on the pink couch in Nickolas’ bedroom and Nickolas would sleep in the bed. Other friends would sometimes spend the night. They would go to bed late, around 2 or 3 a.m. If he had to work the next day, he would not stay over and would leave early. At that time, he was working in Mississauga and would be up by 5 a.m. to get to work on time. Kevin stated that James would go to bed around 9 or 10 p.m. Kevin agreed that marijuana customers could come and go at all hours of the day and night, as there was no cut off time, but that customers did not come after 9:00 p.m.
[80] Nickolas and Kevin would play video games on the PlayStation 3. They would play on a small television which was at the bottom right corner of “Bedroom #2” depicted on Exhibit 1. Nickolas would often play Call of Duty, which Kevin did not like to play. When Nickolas played Call of Duty, Kevin would listen to music. Kevin stated that video games were very important to Nickolas and that Nickolas played more than him.
[81] Kevin explained that there were 4 BB guns at 54 William in various styles, including a shot gun, automatic, and two pistols. The BB guns belonged to Kevin and he purchased them at Canadian Tire. He kept them at Nickolas’ house, in his bedroom, so that they could play. The BB guns had been at his house for months. According to Kevin, they played with them four times in total at which time they went to the park and would shoot at each other. Kevin never prohibited anyone from using those BB guns.
[82] His last day of contact with Nickolas and James was on February 7, 2017. Kevin went to 54 William that day. He was not sure what time he arrived but thought it was morning. As for how he got there, he stated that he probably took a cab as he would usually take a cab, or his brother would take him. It was about a 10-minute drive but too far to walk. His plan was to smoke marijuana and go home. Nickolas and James were at home when he got there. He did recall seeing James sitting on his chair in the living room and thought he was watching television as that was what he was normally doing. Nothing stood out about the way Nickolas was behaving, it was a normal day. They did not go out anywhere, and he could not remember if any other friends joined them. He spent his time in Nickolas’ room, where he was smoking marijuana through a bong and falling asleep. Kevin recalled lots of people coming and going from the residence. The bedroom door was closed but he could hear the stairs. Kevin recalled that Nickolas left for about 20-30 minutes mid-day and then returned. Kevin was smoking, chilling, and listening to music. According to Kevin, he consumed 2-4 grams of marijuana per day, on average, at that time. He remembered the “weed being so good” on that day and that he kept falling asleep. Nickolas was also consuming marijuana, with tobacco, through a bong. He did not recall if they were sharing the same bong or using separate ones. He did not remember where the weed came from that day. Kevin did not consume any other drugs and they did not consume alcohol. He thought that Nickolas played Call of Duty, as “that was his thing”.
[83] As for how the visit came to an end, at around 9:00 or 10:00 p.m., Kevin messaged his older brother, Brian Alvarenga, to pick him up. Kevin did not have a car at the time. Brian did not respond.
[84] Brian Alvarenga testified that around 7 or 8 p.m., he went to LA Fitness. He understood that his brother was planning to sleep over at Nickolas’ residence, but they got called to go to work the next morning. Just after 9:00 p.m., he left the gym and went home. While on his way home, he was disconnected from Wi-Fi. When he arrived home, which he estimated to be about 9:15 p.m., he received his brother’s message through Facebook, asking him to come pick him up. He showered, got dressed and left to go pick him up around 9:30 p.m. Brian and his wife drove to Nickolas’ residence. Brian stated that he arrived there just after 9:30 p.m. as they “live two minutes away from each other”.
[85] Meanwhile, Kevin Alvarenga, having not heard from his brother, called a cab at “9 something”. He waited in Nickolas’ room until his phone told him that the cab was there. He stated that Nickolas was probably playing games and smoking marijuana. He did not recall the lighting in the bedroom. He did not think that he had any contact with James in the last 10 minutes. He remembered leaving Nickolas a “sesh” of marijuana when he left. On his way out, he looked to see if James was in his chair, which he was not so he assumed James was in his room. The door to his bedroom was closed. He did not hear any sounds from the living room. He thought the television was shut off and it was dark. The stairs were completely dark as he left. He did not recall anything on the stairs. He had no ability and did not lock the front door. He stated that it needed to be locked from inside. He shut the door and took the cab home.
[86] Brian and his wife turned on to William Street and parked in front of the house. He recalled that there was a car and lots of ice in the driveway and he did not want to get stuck. Brian recalled that there was outside light but was not sure if it was the light from this house or a neighbour. Brian got out of the car, walked through the ice patch, opened the unlocked door, and walked into the house. He explained that there was a glass door and a front door, and both were unlocked. Brian did not know if there was a doorbell and stated that, if there was, he never used one. There was no light on in the stairs and nothing on the stairs. There was a light from a stove on so he could see the top, but it was dark. Brian walked right up the stairs and looked around. He agreed that the stairs were pretty squeaky. James was not in his chair, so Brian thought he was sleeping, as the bedroom door was slightly open. There was no activity in the residence. He did not hear anything. The lamp in the living room was on but the television was not.
[87] Brian opened the bedroom door and walked into Nickolas’ room, as he assumed they were expecting him. The lights were off but, since the stove light was on, things were illuminated. Nickolas was on the bed shirtless. He looked like he was just passing out. There were no sounds in the room – no music or TV. Nickolas, who was on his stomach, jumped out of bed like he was scared by Brian waking him up. He was on the side next to the couch. He appeared high and tired, as if he was ready to go to sleep. Brian said, “Where is Kevin?”, to which Nickolas responded, “You just missed him.” Brian said, “ok, goodbye”, walked out, and closed the door. He did not touch any of the lights. Brian was in the room less than a minute. He went down the stairs, opened the two doors and closed both doors behind him. He went back to his car and left.
[88] After Kevin arrived home, Nickolas messaged him on Facebook to thank him for the “sesh”. There was no further contact.
[89] Kevin had never heard of or seen Dyrrin Daley before February 8, 2017.
Day Leading into the Night of these Events From the Perspective of Vicky Daley
[90] On February 7, 2017, Ms. Daley commenced work between 9:00 and 9:30 a.m. at Sarjeant Drive in Barrie. She took her Honda Civic. Dyrrin Daley was at the residence when she left. She did not see him before going to work. She was at work until 3:30 p.m. She had no contact with Dyrrin throughout the day. She also had no contact with James or Nickolas throughout the day. After work, she stopped at Walmart on Bayfield to get an extra key cut for the Civic so that Dyrrin could have a key, however, the key was too old and she was not able to get it done. While at Walmart, she telephoned Dyrrin and asked him what he wanted for supper, whether he wanted energy drinks and whether he wanted marijuana. Dyrrin asked her to get pizza. She went to Little Caesars and put in the order around 4:00 or 4:30 p.m. At Little Caesars, she texted James about picking up marijuana. A text conversation occurred between Vicky Daley and James on that day as follows:
| From | To | Time | Message |
|---|---|---|---|
| Vicky | James | 4:13 p.m. | Need a g. Please… |
| James | Vicky | 4:15 p.m. | K i will just meet u in front of my house let me know when ur leaving |
| Vicky | James | 4:16 p.m. | I will text you |
[91] Ms. Daley left Little Caesars, stopped at Mac’s Convenience on Anne Street to get energy drinks, and then dropped off the food and drinks to Dyrrin at home. Dyrrin was home alone. Ms. Daley had a slice of pizza. She told Dyrrin that she was on her way to meet James and would be back in a few minutes. When asked why she was going, she said she had the money and she was the one running around. The following messages were exchanged between Ms. Daley and James:
| From | To | Time | Message |
|---|---|---|---|
| Vicky | James | 4:36 p.m. | On my way |
| James | Vicky | 4:36 p.m. | K |
[92] She did not pull into the driveway at 54 William. She honked her horn, James came out, gave her a gram of weed in a cigarette package, she gave him $10.00, and he went back into the house. She did not get out of the vehicle and he did not get into the vehicle. She returned home. She did not know if she owed James any money at that time or if Dyrrin owed him any money at that time. Ms. Daley returned home, gave the gram to Dyrrin and went off to work at Tiffin Street. According to Ms. Daley, the location on Tiffin was a transfer station for Hydro One. Dyrrin had the contract to clean this location, however, Ms. Daley would help him clean the bathrooms. She did not get paid. She would, typically, go to the location first and Dyrrin would come after to finish the job. This was originally Ms. Daley’s job, but she got her son involved in the work. She estimated that she went to Tiffin around 6:00 p.m. When she left, Dyrrin was eating pizza and there was nothing unusual. There was no hostility or aggression.
[93] Ms. Daley finished at Tiffin around 8:00 or 8:30 p.m. Dyrrin did not go to Tiffin that night as it was an icy night and Ms. Daley covered the job for him. In cross-examination, Ms. Daley admitted that Dyrrin had given her $1000 and that she was paying him back by covering his shifts. She returned home. Dyrrin then came to her and said that he wanted to clean some bins from his spare room, and she agreed to help him. They worked on this until around 10:00 p.m. Before going to bed, Ms. Daley gave Dyrrin $10.00 as he said he was going out to Georgian Downs and for a drink. Ms. Daley went to sleep on the couch. Dyrrin was in his room, alone, when she fell asleep. He was listening to music.
[94] Around 12:00 a.m., Dyrrin went out. Ms. Daley woke up when the front door opened and closed. She knew the time because she looked at her phone. She knew that he took her Honda Civic as she heard the car start. She did not see Dyrrin, she just heard the door and the car. She then heard him come back about 20-30 minutes later. He again came in the front door. She did not talk to him or look at him. It was dark in the house. He went to his room and was playing music.
[95] About an hour or so later, she estimated around 2 a.m., she heard Dyrrin go out again, as she heard the door and heard her car. She thought he was going to Georgian Downs and did not think anything of it. She went back to sleep. Ms. Daley was not surprised by Dyrrin going out at this time of the night as he was a “nighthawk”. Dyrrin had attended Georgian Downs in the past.
[96] Around 3:00 or 3:30 a.m., Ms. Daley was awoken by Dyrrin banging at the front door trying to get in. She did not know if she opened the door or just laid there and let him get in on his own. He went from the front door to the bathroom through the kitchen. He was then banging around in the bathroom. Ms. Daley went to the bathroom door, which was closed, and asked Dyrrin if he was ok. He said, “I was in a fight.” The door to the bathroom was never open. Ms. Daley then returned to the couch. She thought that she heard Dyrrin go from the bathroom to the spare room and throw up, but she was not sure. At some point, Ms. Daley realized that Dyrrin did not hang the car key up, so she went into his bedroom to get it from him. She knocked on the closed bedroom door, although she did not think the door was locked, as she just walked in. Dyrrin was sitting on his orange chair. She did not remember anything about what he was wearing, his condition, any injuries or his demeanour. She said, “Where’s my key”, to which he responded, “not sure”. She then saw it on the floor, picked it up and left. She did not ask about the fight. She did not pay any attention to his face. She hung up the key and went back to sleep until 7 a.m.
[97] At 7 a.m., she needed to move the car so the other tenant in the basement of the house could get out. She went out to the car and moved it to the road. She did not notice anything about the car at that time. She came back in and went back to sleep until 8:00 or 8:30 a.m. She assumed Dyrrin was in his room. As she was getting ready for work, she noticed some drops of blood from the door to the kitchen, so she mopped it up. She thought he had been in a fight so was not concerned about the blood. She left around 8:30 or 8:45 a.m. She did not see or hear Dyrrin and did not check on him. She went through the front door. She stated that they all used the front door, unless Dyrrin used his bike which he would take through the side. There was no activity in the house when she left. She took the Honda Civic to work.
[98] This time in the car she noticed a little bit of blood on the steering wheel. She used a Lysol wipe which was in the car to wipe it up. She took some garbage that had resulted from cleaning out the bins with her. She was going to throw it out at Tiffin that night. She put the garbage in the trunk. She did not notice anything about the trunk when she put the garbage bags in. She did not do any other cleaning in the car and did not notice anything else about the interior of the car.
[99] Ms. Daley was just finishing work when Rose Beaton called around 3:15 p.m. on February 8, 2017. Ms. Beaton told her that Nickolas and James had been killed but that she did not know who did it. Ms. Daley said she was on her way, but would stop in and tell Dyrrin where she was going. She left work around 3:20 p.m. She did not text Dyrrin as she said that was not something she ever did.
[100] When she arrived home, the police were waiting.
911 Calls
[101] Communications clerk, Melissa Nadeau, received a 911 call at 3:19 a.m. from 705-279-4011. There was no voice heard on the line. At 1 minute and 38 seconds into the call, there was ringing on the recording. Ms. Nadeau had disconnected from the call and was trying to call the number back. She thought that if someone was sleeping, the call back would get their attention. At 2 minutes and 14 seconds into the recording, a voice mail greeting was heard asking the caller to leave a message. Ms. Nadeau disconnected from the call. She then texted the number to see if the person with the phone responded. There was no response. Ms. Nadeau did not send police after the first call because there was no immediate concern and it was not uncommon to get accidental phone calls.
[102] At 3:27 a.m., a second 911 call was received from the same phone number. Again, there was no voice contact. At 1 minute and 37 seconds into the recording, there was ringing. Ms. Nadeau disconnected from the call and was at that time calling the cell phone provider, Telus, to get subscriber information on the phone number. Ms. Nadeau explained that the subscriber information would give the name of the person to whom the phone was registered as well as a home address. She wanted to see how that related to the longitudinal and latitudinal data she was getting from the phone. Given that this was the second call from that number, Mr. Nadeau believed that there may be something wrong at that address.
[103] The subscriber information received was that the phone was registered to Jennifer Crawford at 54 William Street, Barrie, Ontario. Ms. Nadeau then checked the address in the police database to see if Jennifer Crawford was associated to the address and to see if there were any flags that officers needed to be aware of. Ms. Nadeau then spoke to the dispatcher to suggest sending officers to see if everything was in order. She did not know the exact time but indicated that it was immediately after receiving the subscriber information. Ms. Nadeau explained that this decision was up to her as the call taker and that she made this decision because she had received two calls – eight minutes apart – from the same number with no voice contact. She concluded that it was not likely an accident.
[104] A couple of days after receiving these 911 calls, Ms. Nadeau listened to them again with noise cancelling headphones. At that time, she heard slight breathing on both calls, more pronounced on the second call.
[105] The 911 calls were marked as Exhibit 4.
First Responders at 54 William
[106] It would appear from Harold Green’s evidence that he heard the first responders arriving at 54 William. It is of note that prior to hearing people going up the stairs, he had not heard anything such as knocking or a doorbell. He also stated that the sound in the stairway would travel. Although, as previously stated, Mr. Green used hearing aids but did not wear those at night. Without his hearing aids, he estimated that on a scale of 0 to 10, 0 being that he could not hear anything and 10 being perfect hearing, he was a five or six.
[107] Four police officers and one paramedic testified about their observations and discoveries at 54 William Street in the early morning hours of February 8, 2017.
[108] Upon receiving the dispatch, Cst. David Edgar drove to the residence and was the first to arrive on scene. He was aware that Cst. Andrew Young was also responding to the call as two cars had been dispatched in accordance with Barrie Police Service policy that all 911 calls have two officers attend for officer safety. Cst. Edgar arrived at 54 William Street at 3:48 a.m. There was no activity on William Street when he arrived. It was quiet, dark, and cold. He parked his police vehicle on the opposite side of the street directly in front of the house. There was an open door on the second level balcony which stood out to Cst. Edgar, as he felt that it was strange to heat the house leaving the doors open in February at this time of the morning. He positioned his spotlight from his vehicle on the open door to illuminate the area. He did not look inside the house.
[109] Upon exiting his car and doing a visual inspection of his surroundings, Cst. Edgar noted that the main door of 54 William was open, however the screen door was closed. He also observed the rear gate to the property was open. He did not hear any sounds from the house or around the house. At 3:49 a.m., Cst. Edgar communicated his observations over the air, including the open rear gate, the open front door with the screen door closed, and the open upper balcony door.
[110] When Cst. Young arrived, he testified that he shone his flashlight to the second-floor balcony, where the door was open, at which point he saw quite a bit of blood smeared on the wall or door jam. Cst. Young did not believe that Cst. Edgar’s light was shining in this direction initially, although, he testified that Cst. Edgar may have done this after Cst. Young noticed the blood. Cst. Young advised Cst. Edgar of his observations and called for another unit. Cst. Young did not recall any light emanating from the residence.
[111] Csts. Edgar and Young had a brief conversation and decided to enter the unit. Cst. Edgar opened the screen door. As previously stated, the inside wooden door was open. There were no lights on in the stairway. The officers took out their firearms. According to Cst. Edgar, it was obvious that something very violent had occurred in the house and he did this for safety. They identified their presence. Cst. Edgar went up the stairs with Cst. Young right behind him. Everything was in darkness. Both officers had the light illuminated on their handgun which was fairly bright. There was not a sound as they ascended the stairs. Cst. Edgar described it as very frightening, while Cst. Young stated that the “stress level was at a ten”. Cst. Young could smell the pungent odor of blood – a distinctive smell. Both officers saw blood in the stairway, both on the walls and on the stairs.
[112] Cst. Edgar communicated, via the radio on his chest, seeing blood and requested “10-3” for radio silence. He was worried that the suspect or suspects were still in the house.
[113] Sgt. Michael Velema testified that he was the coach officer that night for Cst. Madeline Holden. They were together in the same car. He was putting gas in his vehicle at the time he heard Cst. Edgar make a “10-3” call over the radio. Cst. Ben Hayes was at the same gas station. Sgt. Velema knew that Cst. Edgar was on his way to a 911 call on William Street and had asked for additional units. He also knew that the “10-3” was a request for radio silence, meaning the officer wanted exclusive air, and this signalled an emergency. Sgt. Velema felt it was time to go assist. He and Cst. Hayes travelled, in tandem, to William Street.
[114] Back at William Street, Csts. Edgar and Young were looking up the stairs with their guns aimed. At the top of the stairs, there was a lot of blood on the wall and floor. There was no lighting in this location and Cst. Edgar could not make out much, however, he could tell that it was a “T” and they would have to go left or right. Cst. Edgar did not notice any light on the stove in the kitchen. He described this as a very dangerous corner. Cst. Young was two feet behind him. They still had their firearm lights illuminated. Csts. Edgar and Young waited at the top of the stairs for a few minutes for Cst. Kevin Barkley to arrive. They continued to point their firearms into the apartment and announced their presence several times with no response. There were no sounds in the apartment. Cst. Edgar could smell the unique smell of fresh blood. Cst. Young could see into the bedroom across the hall from the stairs (“Bedroom #2”) and noticed blood on the door. He could see a couch in the room and the room appeared quite messy. He did not see any people.
[115] A third officer, Cst. Kevin Barkley, arrived at 3:52 a.m. When he arrived, he noticed one of the police cruisers had the spotlight shining on an upper level door. He saw that the door on the left of the porch was open and the door to the right was closed. He walked to the open door. When he got near the door, he saw lights being used by the officers partially up the stairs. He did not call out as they were silent. He walked through the open door. As he looked up the stairs, he saw red marks on the wall to the right, which appeared to be blood at shoulder height. Csts. Edgar and Young were near where the stairs turn to the right. According to Cst. Barkley, he was asked by Cst. Young to draw his taser.
[116] When Cst. Barkley joined the other two officers, a plan was created for Cst. Edgar to go right and the other two officers (Young and Barkley) to go left. They would clear the areas and then meet in the middle.
[117] Cst. Edgar did a count down from 5 to 1.
[118] As he went to the right, Cst. Edgar entered the kitchen and was stepping in puddles of blood wearing his service boots. He was trying not to slip. He saw a person lying on the floor, half in the kitchen and half in the living room. There were no signs of life. He did not touch this person. The only light in the area was the spotlight that he enabled on his cruiser which was blinding him as it was shining directly into the hallway.
[119] In the meantime, Cst. Young went left to clear “Bedroom #1”. He was looking for anyone requiring assistance or suspects. He was not paying attention to the small details at that time. He did not see any fresh blood or occupants in the room and did not touch anything. He was in there for about 10 seconds. There were no lights on in this room.
[120] As for Cst. Barkley, he stated that the door to “Bedroom #2” was slightly ajar. The bathroom door was closed. He chose to go to the partially opened door of “Bedroom #2”. He could just see inside the partial opening. He did not know if there was blood on the door. He was trying to gain entry to the room as quickly as he could. He said that the lights were off inside the room, in fact, he stated that there were no lights on in the unit. He could not get into that room without pushing the door further open. Cst. Barkley tried to push the door to “Bedroom #2” but something was restricting the opening. He shoved his shoulder into the door to get inside. This allowed just enough space for him to get through. He entered the room and went to the left. According to him, the room was in darkness. He did not recall an illuminated flashlight on the couch. He walked to the far wall to ensure no one was in there. He did not see anyone in the room. Cst. Barkely stated that he was not looking for anything other than people. Given that Cst. Edgar was alone with a person laying on the floor, he was trying to make it as quick as possible.
[121] As Cst. Young was in the process of checking “Bedroom #1”, he heard that there was a deceased male located on the floor. He then did a quick check of the bathroom which took 3-4 seconds. He was continuing to look for suspects or other victims. There were no lights on in the bathroom and no blood observed. Cst. Young then entered “Bedroom #2”. He observed suspected blood on the floor and on the couch. He also saw an open knife on the couch, specifically on the furthest cushion from the door. He did not touch that knife. Cst. Young described “Bedroom #2” as very messy and disorganized. There was not a lot of room to maneuver. He only went into the room about 3-4 steps. According to Cst. Young, there was no light in “Bedroom #2” and he did not recall any flashlight found in that room. Cst. Young did not touch anything in “Bedroom #2”.
[122] After exiting “Bedroom #2”, Cst. Barkley saw Cst. Edgar standing in the hallway. Cst. Barkley then checked the bathroom which was empty with no lights on. He did not see any blood in the washroom.
[123] The three officers met in the hallway and proceeded toward the balcony with their weapons out and with the lights on their weapons illuminating the area. It was not clear whether Cst. Edgar had already been through this area when the other two officers were in the bedrooms and bathroom. Cst. Edgar asked over the radio for the spotlight on his cruiser to be turned off, which happened within 10-15 seconds. It was easier to see when not being blinded by the light.
[124] Just as Cst. Edgar was requesting for his spotlight to be turned off, Sgt. Velema, accompanied by Cst. Holden, and Cst. Hayes were pulling up in separate vehicles. Sgt. Velema could see the spotlight shining from the driver’s front corner of the police cruiser to an open upstairs doorway. The light was bright and illuminated the area, allowing Sgt. Velema to see, inside, a white painted wall dripping with blood. Sgt. Velema could also see Cst. Edgar through the open upper level door. Sgt. Velema pushed the light down and then reached inside the vehicle and turned it off.
[125] Meanwhile, according to Cst. Barkley, the three of them proceeded to the balcony, with Cst. Edgar in front. Cst. Barkley was on the stove side and Cst. Young was on the wall side. The hall walls were covered in blood from shoulder to floor. There was blood all over the floor. There was a pool of blood in front of the cupboards and another in the living room doorway where the male was lying. According to Cst. Barkley, the unit smelled like a butcher shop, an iron metallic smell. He said, “you could almost taste it”.
[126] Cst. Edgar tried to minimize stepping in the puddles of blood but said that it was impossible as it was everywhere, and he ultimately threw out his boots. Cst. Edgar went toward the balcony, at which time he stepped in between the legs of the person on the floor in order to go past and clear the balcony. The balcony door was open, it had snow which had been stepped on and it was covered in blood. Cst. Edgar was not sure if he stepped on to the balcony, but he made sure that no one was there. The balcony door remained open. He only recalled a main door on the balcony, but not a screen door. Cst. Edgar then went into the living room to clear that room. In the living room, he found another person lying on the floor, in between the couch and the television. He did not touch this person.
[127] Cst. Young went down the hall to the first deceased male. He did not touch the male. Cst. Young described that the majority of blood in the unit was along the wall and on the floor between “Bedroom #2” and the first deceased. He was wearing police issued boots and recalled almost slipping in the blood around the first deceased, but to avoid slipping, he grabbed Cst. Barkley. Cst. Young agreed that there was a lot of blood on the floors and he stepped through it at some point. According to Cst. Young, there were no lights on in the area and he did not turn any lights on.
[128] Cst. Barkley stated that he had his police issued boots on. Cst. Edgar stepped over the male on the floor to go toward the balcony. Cst. Young attempted to stop on the wall side before reaching the male on the floor, however, he slipped and kicked Cst. Barkley’s feet as he tried to step over the male on the floor to get into the room. Cst. Barkley was able to regain his balance without falling. Cst. Barkley agreed that he stepped in blood. There were no signs of life from the person on the floor. After he slipped, he shone his light in the person’s eyes and there was no pupil response. There were no signs of breathing.
[129] As for the balcony, Cst. Barkley stated that he observed that the door was open and that there was a small railing. He could see almost all of the balcony from the hallway so this area was not a concern. The concern was the living room which was unknown.
[130] According to Cst. Young, the balcony door was open, either partially or entirely. He did not close or open the door. Cst. Young noticed quite a bit of blood on the balcony as well as footsteps on the balcony in the fairly deep snow. He did not believe that he went on to the balcony, although he may have gotten close and peered over. According to Cst. Young, the footsteps on the balcony appeared to be leaving and seemed to match the footsteps outside on the front lawn. Cst. Young believed that the person had jumped off the balcony.
[131] Cst. Young also stepped over the first deceased and peered into the living room. He did not go into the living room. He believed that the lights were off in that room.
[132] Cst. Barkley stepped over the male on the floor and went into the living room. Cst. Edgar had gone in ahead of him. Cst. Barkley saw the second male on the floor on his side in a fetal position. He looked around the living room to ensure that no one was there to ambush them. Cst. Barkley stated that there was nothing on in the living room – no lighting. He re-holstered his taser and, with latex gloves on, checked the carotid pulse, by placing his fingers on the side of the male’s neck. He also watched his chest area. There were no signs of life. Cst. Barkley did not change the position of the male in any way. He then returned to the person in the doorway and checked for a carotid pulse. There was no pulse and no signs of breathing whatsoever. Again, he did not move the person in the doorway as he was able to check the pulse without having to move him.
[133] After checking for signs of life, Cst. Barkley walked out on to the balcony to look out on the street. There was snow and blood on the snow on the balcony. He was trying not to step on any blood or at least trying to limit how much blood he stepped in. He saw from that vantage point that there were bloody footwear tracks leading from the front door straight down toward the street through the front lawn. He had not noticed those when he walked up. He was on the balcony for 15 or 20 seconds and used the streetlights to see. Cst. Barkley stated that there was nothing to suggest a person jumped from the balcony.
[134] From the balcony, Cst. Barkley went back inside, walked through the hallway and down the stairs. Seeing the bloody footprints, he thought that he could get a footprint impression or at least take a picture before forensic identification arrived.
[135] Cst. Edgar did not enter the bedrooms or the washroom, but he saw an illuminated flashlight on the pink couch in “Bedroom #2”. He did not touch the flashlight and did not see anyone else touch the flashlight.
[136] As Sgt. Velema approached the apartment, he instructed Cst. Holden to stay at the stairs and perform a security function. Sgt. Velema learned from Cst. Barkley that the bedrooms and washroom had already been checked but offered to and did perform another check of those rooms. There was nothing of note in either “Bedroom #1” or the washroom. As for “Bedroom #2”, he could see a light inside. The door would not fully open, rather it opened about a third. He “had to shimmy sideways” to get into the room. It was a cramped room with a lot of furniture. When he got into the room, he saw the light source was a flashlight shining bright into the room which was lying on the loveseat. The light was falling on the back of the couch directly opposite, pointing to the west. He stated that it was very narrow in the room and he was trying not to touch anything. Sgt. Velema moved the bedroom door to look behind the door. He noticed a double-bladed knife on the couch cushion, with only one blade open, and covered in blood. The knife was pointing north. Sgt. Velema was in the bedroom for about 5 minutes.
[137] Sgt. Velema then walked through the hallway, toward the living room. He tried to walk around the blood on the floor. He observed a male on the floor. He said that there was so much blood on the floor, he did not want to slip and fall. Sgt. Velema had his flashlight on, but there was ambient street light coming from the open balcony door. He also noticed that the table lamp was on, located on the east side of the living room, halfway down the east wall on a night table. It was depicted with a green circle in the living room on Exhibit 1, right above the 12’ mark. He did not recall other lights in the room. He stated that the lamp was bright enough that a person could have read with the use of the lamp. There was no overhead light in the living room.
[138] It did not appear that Sgt. Velema stepped onto the balcony. He noted that the balcony was drenched in blood and that there were bloody footprints in the snow. He described the balcony as small, approximately 8 square feet. He stated that a peek from the hallway confirmed there was no one out there.
[139] The initial responding officers exited the apartment at approximately 4:00 a.m. Cst. Holden remained at the front door guarding the scene.
[140] After exiting the residence, Cst. Edgar covered one of the footwear impressions on the front lawn of the residence with a box to maintain that imprint for identification. He then spoke with some neighbours, one of whom provided him with a licence plate to a vehicle, which he passed on to Cst. Hayes to write down.
[141] Shortly after, Sgt. Dufour was present on scene. She requested that Cst. Young take one of the paramedics upstairs to check on the persons found in the residence to see if assistance could be rendered. Paramedics had been dispatched at 3:54 a.m. and arrived on scene at 3:58 a.m.
[142] At 4:14 a.m., Cst. Young and Sgt. Velema escorted paramedic, Mihajlo Todorovic, upstairs with the aid of a flashlight. Mr. Todorovic was wearing black safety boots. They were trying to use one path in and out so as not to disturb evidence. They did not enter the bedrooms or bathroom. They went directly to the right to the first male.
[143] The paramedic, Mr. Todorovic, slowly approached the first patient in the doorway between the kitchen and the living room. He had to step over the patient to get to the other side which he did with the permission from the officer. This patient was on his back. He confirmed that vital signs were absent for patient one. He checked his carotid and radial pulse, by placing his index and middle finger on the side of his neck and left wrist. There was no pulse. Mr. Todorovic lifted the patient’s left arm which was very stiff indicating the presence of rigor mortis. He tried to place the patient’s left arm back in the same position to preserve the crime scene. He was with this patient for less than a minute.
[144] Mr. Todorovic then moved to the patient in the living room. To get to this patient, he had to go through the doorway that the first patient was in. He tried to avoid contact, but had to step over the first patient. The patient in the living room was lying on the floor on his right lateral side with significant blood around him. Mr. Todorovic approached the patient mindful of not disturbing anything. He checked his radial and carotid pulse. His left side was upward, so he placed his index and middle finger on the left side of his neck and left wrist. There was no pulse. He also saw signs of rigor mortis. He was with him for less than a minute.
[145] Cst. Young stood to the left of the male lying in the entryway to the living room while Mr. Todorovic did his work. Mr. Todorovic exited the area by turning and trying to step in the same spots he used to enter so as to preserve the crime scene. The officers and paramedic exited the apartment at 4:22 a.m.
[146] Cst. Barkley and Cst. Hayes entered the main floor of the residence – 52 William Street – to see if there were any persons who needed assistance. They walked into the living room calling out police. A male, later identified as Harold Green, appeared, identified himself as the homeowner, and said his wife was in the bedroom. Based on the discussion, Cst. Barkley had no concerns for their well-being.
[147] Officers canvassed the neighbourhood for information.
[148] Cst. John Lamont arrived at 54 William at 4:14 a.m. with canine officer, Thor. Cst. Barkley assisted the canine unit on scene. They did acquire a track at William and Holgate which took them to the Allendale Recreation Centre. The track was then lost, and they returned to the residence. Nothing of any value was obtained.
[149] Some of the things that were not consistent amongst the officers’ testimony were as follows:
a. Cst. Edgar stated that he was on the porch when Cst. Young arrived. Cst. Young testified that Cst. Edgar was near the driveway.
b. Cst. Edgar stated that upon his arrival he shone his spotlight to the open balcony door. However, according to Cst. Young, he shone his flashlight to the open balcony door, and he did not believe that Cst. Edgar’s light was shining in this direction when he arrived.
c. Cst. Edgar believed that there was a just a main door to the balcony but did not seem to recall the screen door. Clearly there was a screen door.
d. Cst. Edgar did not see any lights on in the apartment, apart from the flashlight in “Bedroom #2”. Cst. Young also did not see any lights in the apartment and did not see the flashlight on either. Cst. Barkley did not see any lights in “Bedroom #2”.
e. Cst. Barkley described the three officers approaching the kitchen / balcony area together, whereas Cst. Edgar seemed to suggest that he approached this location alone upon arrival.
f. Sgt. Velema was the only one of the four first responding officers to notice the lamp in the living room was on.
g. Cst. Young seemed to suggest he was in the apartment alone with the paramedic, whereas Sgt. Velema said he was also there.
[150] There were some discrepancies in the testimony, but some things that were clear and consistent included the following:
a. The weather was cold, with a temperature of approximately -5 degrees Celsius. It was a typical winter night. It was not actively snowing.
b. The dispatch call was made at 3:36 a.m. for officers to attend at 54 William Street in Barrie. The information dispatched was that there had been a 911 call with no voice contact and that there was no answer when the dispatcher tried to call back. The subscriber information for the phone revealed the registered name of Jennifer Crawford, who was not associated with the address on Niche.
c. There was limited lighting in the residence.
d. There was a great deal of blood in the residence in various places, including in the stairwell, Bedroom #2, the hallway, kitchen, living room and balcony.
e. Despite their best efforts, the police did step in and slip in blood as they made their way through the residence.
f. Officers made contact and moved the door to Bedroom #2 to enable them to get inside the room.
g. Some officers stepped on the balcony after stepping in blood.
h. Nickolas Pasowisty was found lying on his back in the threshold doorway between the living room and the kitchen. His legs and feet were in the kitchen pointing toward the refrigerator and his head was in the living room close to the futon. He had obvious signs of trauma and there was no sign of life from the moment police arrived;
i. James Pasowisty was located lying on his right side on the living room floor. He had obvious signs of trauma and there was no sign of life from the moment police arrived.
j. The first responding officers were in the apartment for about 10 minutes.
The State in Which James and Nickolas Pasowisty Were Found
[151] Nickolas Pasowisty was found lying on his back on the floor with his head and shoulders inside the living room and the rest of his body in the kitchen /hallway. Multiple injuries were apparent and a portion of what appeared to be a lung was extruding from an injury to the left anterior chest. He was not wearing a shirt but was wearing underwear and pyjama pants. He was not wearing footwear. He was covered, head to toe, in blood. The pyjama pants were saturated in blood, so much so that the pants were sticking to his legs. An ashtray, cigarette pack and cigarette butts were found near him. By his right ear, was a flip phone which was seized. The phone was over top of blood staining and itself was covered in blood, front and back. (B39 – B48 of Exhibit 5A/5B)
[152] James Pasowisty was found lying on his right side on the floor in the living room, between the futon and the TV. He was wearing a shirt, underwear and pyjama pants. He was not wearing footwear. He was covered in blood and there was a large amount of pooling near his head. The soles of his feet were also covered in blood. (B49-B52 of Exhibit 5A/5B)
Blood and Items Found at 54 William
[153] Det. Cst. Shannon Green and Sgt. Glen Crooks conducted the forensic identification work at 54 William Street over the course of several days.
[154] Det. Cst. Green received a call to attend and assist in this investigation at 4:30 a.m. on February 8, 2017. She arrived at the Barrie Police Service shortly after 5:00 a.m., and attended a briefing in homicide at 5:30 a.m. She was provided information from Det. Sgt. Meech that there were officers currently on scene who had stated that there was outdoor evidence that they were trying to preserve. Det. Cst. Green was advised that there were bloody footprints in the snow and other outdoor evidence that was required to be picked up. She was advised that the two persons deceased were father and son. The temperature was dropping drastically, and the winds were picking up. It was beginning to snow and sleet. She was concerned about losing evidence due to the weather.
[155] At 5:50 a.m., Det. Cst. Green attended at 54 William. The weather was -7 with high winds and it was snowing. The surface area was being covered with snow. There was a cordoned off outer and inner perimeter when Det. Cst. Green arrived. She entered the scene, being cautious as to where she parked, and met with officers on scene to get current updated information as to what was occurring. Det. Cst. Green noted a marked police car with an outside light beam pointing up at and illuminating the second floor of 54 William. Because of the storm, it was otherwise very dark. Ambient lighting was almost non-existent. There was snow blowing in which made it hard to see very much detail. There were streetlamps but nothing was helping. The exterior screen door was ajar and swung out into the balcony. Blood staining was obvious in the unit from 50 feet away.
[156] At 5:58 a.m., Det. Cst. Green had a discussion with Sgt. Michael Velema, who pointed out the exterior evidence, which included several footprints in the front yard leading from the front porch. Sgt. Velema advised that there were other prints, parallel to those prints, which were officers who followed the prints to the road. One of the footprints (first footprint closest to the house) was covered with a blue box to protect the red staining within the print, due to the weather coming in. Also, at the city sidewalk, he pointed out a coiled cord and a cigarette butt near that cord.
[157] Det. Cst. Green commenced taking photographs. She stated that typically she would start out and work in, but she did not want to lose any more evidence, therefore, she started close to the house.
[158] The hardcopy of photographs taken were marked as Exhibit 5A and the digital version of the same photographs marked as Exhibit 5B. The first few photographs included:
a. A1/A2 – The photos show the residence at 54 William, from the perspective of the mouth of the driveway to the left of the residence. The residence faces east. The light source from the police cruiser, previously focused on the upper level, was focused on the front door. A small sliver of light was visible in the upstairs window which was determined to be coming from a lamp in the living room. The balcony visible in the picture was said to be approximately 4’ x 5’, surrounded by black fencing. The balcony screen door was pushed open. On the far left of the eavestrough, there was pink ice coming down which suggested that there was blood present on the balcony area. Through the open balcony door, there was a smear of red staining visible on the door frame.
b. A3 – The photo shows a motion sensor light that was functioning. However, there was very low light that barely lit the underside of the porch. Only one bulb was functioning.
c. A4 – The photo shows the beginning of a footwear track that appeared to exit the residence, as it was compressed forward, leaving a red stain at the bottom, marked with a number “21” marker. The footwear impression appeared to be heading away from the residence, as the most friction of the step was at the toe area. Snow had already accumulated. This photo was taken with the photographer’s back to the residence, facing east to the roadway. There was no red staining in the police footwear to the right of this impression. This print had been covered with a box prior to Det. Cst. Green’s arrival. The next step in stride could be seen at the top of the photo with marker “22”. The distance between the two steps was not measured, however, Det. Cst. Green indicated that it was a good lengthy stride, not a casual walk. These footwear impressions could not be compared to the balcony prints because the weather had altered them prior to getting a proper print and there was crusting on the snow which did not allow for a pattern to be created.
d. A5/A6 – The photos show the second footwear impression leading from the house, and the area where the heel of the foot made contact with the snow behind the impression.
e. A7 – The photo shows the city sidewalk across from the residence, with the view looking south. The house was to the right of the photo. There was broken snow which had been disrupted or moved. There was an HDMI cord and, in the upper loop of the cord, a cigarette butt. Across from the cord, there was red staining in the snow, however this was not processed due to contamination. Det. Cst. Green did not get any indications of footwear in this area and was not able to compare with the other impressions found. The cigarette butt and HDMI cord were seized.
f. A9 / A10 / A11 – The photos show the markers placed in the snow to demonstrate the path of the footwear impressions in front of the house. The prints were marked from 21 to 27, with the exception of 26, which was used to mark the HDMI cord. According to Det. Cst. Green, there was no suggestion that anyone jumped from the balcony as there were no landing marks and no footwear impressions on the overhang. The person would have had to jump, miss the roof and land on one foot in stride to create this pattern. There was no indication that the person rolled, as there were no other body impressions. The photos also assist with the length of the stride, although the markers were not placed perfectly at the toe or heel.
g. A15 – The photo shows the front entrance to 54 William. There was a screen door and a solid door. The interior door would stay open on its own without any assistance. Inside, was a small landing, then a set of stairs leading up to the apartment. On the stairs was a tinfoil pan.
h. A16 – The photo shows the interior latch of the screen door with red staining.
No photographs were taken of the balcony during this initial attendance. She did not enter the residence.
[159] In the meantime, Sgt Crooks learned of the investigation at 5:09 a.m. He attended the Barrie Police Service at 6:18 a.m. and went to the homicide unit where a briefing was already ongoing. After the briefing, at about 6:30 a.m., Sgt. Crooks and Det. Cst. Green spoke on the telephone about collecting suspected blood in the footprints in the snow on the front yard. Det. Cst Green took swabs of the red staining from three different footwear impressions in the snow - swabs 1, 2, and 3.
[160] After learning at the briefing that there were footwear impressions left on the balcony at 54 William, Sgt. Crooks captured footwear impressions from officers and paramedics who had attended the scene with the hope of ruling them out.
[161] At 6:44 a.m., Sgt. Glen Furlong arrived at 54 William with Sgt. Aaron Geertsema. They stood by until Det. Cst. Green brought out the residents of 52 William, Harold and Judy Green. At 7:24 a.m., the Greens were transported back to the station.
[162] Det. Cst. Green left the scene at 7:35 a.m. and returned to the station. She secured the items that she had seized.
[163] At 8:35 a.m., Sgt. Crooks contacted the Ontario Provincial Police to start making arrangements to have a blood pattern analyst assigned to assist. Based on the information received at the briefing, he felt this would be a beneficial tool to assist in recreating what had occurred.
[164] At 9:30 a.m., Sgt. Crooks spoke with the coroner’s office to advise them of the event and to find out who would be assigned, as per protocol. Sgt. Crooks believed that the assigned coroner, Dr. Gail Churchill, subsequently contacted him, to advise she was assigned.
[165] At about 9:40 a.m., Sgt. Crooks spoke with his supervisor, Det. Sgt. Norm Meech. Sgt. Crooks received information about weather concerns at the scene, specifically with respect to the balcony on the second floor. There was snow, rain, and rising temperatures. Sgt. Crooks was concerned about any change in weather, as this had the ability to drastically change a scene. As an identification officer, he wanted to capture the scene as close to the event and with as little change as possible.
[166] Sgt. Crooks and Det. Cst. Green decided to reattend the scene, to process the vulnerable evidence on the balcony. There was no other way to access the balcony except going through the house. They arrived at 54 William at 10:26 a.m. Sgt. Crooks recalled seeing red / pink icicles coming from the balcony area when he arrived, similar to that depicted in photo A13/14.
[167] Upon arrival shortly after 11:00 a.m., Sgt. Crooks commenced taking a video recording of the scene, followed by Det. Cst. Green taking photographs. The focus was to capture as much information as they could on their pathway to the balcony in order to show that they did not add or take away from the evidence. Photographs contained in Exhibit 5A/5B included the following:
a. B1 – threshold to the entryway of 54 William. Red staining was visible on the threshold.
b. B2 – stairs leading up to the living unit. The stairs were quite steep. A tinfoil baking pan was visible on one of the stairs. There were 13 stairs in total.
c. B3 – further up the stairs. At the top was a cardboard box of garbage. There was some blood on the walls in this area, however, relative to other areas, the blood was minimal.
d. B4 – used roasting pan with red staining and red staining on the stair.
e. B5 / B6 – a frying pan with a spatula off to the side on stair 3 (from the top). Red staining was visible on the stair above (stair 2)
f. B7 / B8 - red staining on stair 1 and 2.
g. B9 – shows the floor entry into the apartment. There was red staining on the wood floor and area rug, as well as on the side of the stove.
h. B10 / B11 – shows red staining on the wall across from the stairway, close to Bedroom #2 and on the stove.
i. B12 – shows red staining on the door and door frame of Bedroom #2. Det. Cst. Green indicated that this was an accurate depiction of how far the door opened.
[168] Det. Cst. Green stated that the residence was quite dark. There was no light on the stairs or as entering the kitchen. Inside the unit, there was not a lot of natural light. There were blinds on all windows. The only natural light was through the balcony door. At the top of the stairs, Det. Cst. Green turned right, facing east, and photographed the kitchen area and hallway. Directly in front of her was the torso, legs and feet of Nickolas Pasowisty. (Exhibit 5A/5B – B20, B30) The balcony door was open. There was “overwhelming suspected blood” leading up to Nickolas Pasowisty. She agreed that this was one of two areas where she observed the most red staining, the other being around the head of James as noted later. She stated that the blood appeared to have started to dry but there were still thick areas which were still moist. The large amount of red staining in front of the cupboard area was still wet. As depicted in B32, the interior balcony door was open (swung in) and it was not able to close because of the position of Nickolas. The screen door on the balcony swung outward and was stuck in the snow. (B32/B33/B34)
[169] The stove on the right had no hood range or lights at the top. (Exhibit 5A / 5B - B21, B22, B23) The wall behind the stove appeared temporary and did not go all the way to the ceiling. There were no lights illuminated on the stove or oven.
[170] Det. Cst. Green moved toward the balcony but did not step on the balcony. She noticed footwear tread impressions from the threshold to the balcony. She photographed the balcony area and then backed out. (B32/B33/B34) She indicated that the prints went to the small metal item in the corner and some were on the other side of the door which was pushed open. She described the area of the balcony as saturated in blood. She estimated the balcony to be 4’ x 5’. She left the residence at 11:45 a.m. (At a later time, when the screen door on the balcony was forced closed, it was noted that there was no red staining behind the door on the balcony floor itself, however, there was red staining on the exterior and interior of the balcony screen door– B35 There was also red staining on both sides of the interior balcony door, including inside the door frame.) Later in the day, the footwear tread impressions were cleared as police boots.
[171] During his initial walk through, Sgt. Crooks noticed a cell phone laying beside one of the men (Nickolas). He relayed that information to the investigators. Subsequently, Sgt. Crooks was contacted by Cst. Scott Aldridge and asked if he could go inside where the cell phone was located as investigators were going to try to call the number that had called 911. Sgt. Crooks did as he was asked and when investigators called the number that had called 911, the phone started to vibrate and light up. Sgt. Crooks provided that information to investigators and exited the residence.
[172] Sgt. Crooks and Det. Cst. Green were having a bit of a break outside when they were advised by Det. Furlong that one of the owners of the residence required access to 52 William. Det. Cst. Green escorted the owner in along the same path she had used and through the door further back on the residence so as not to compromise anything.
[173] A short time later, Sgt. Crooks and Det. Cst. Green re-entered the residence. During the initial walk through, they observed some red staining on the exterior side of the balcony door and on the icy / snowy floor of the balcony. It was getting warmer out and they were concerned about losing evidence. Sgt. Crooks was going to mark areas to swab on the balcony and Det. Cst. Green was going to take photographs. Sgt. Crooks swabbed two areas on the balcony. Swab GC1 was taken from the snow at the threshold of the door. The staining was unusual as there was a large amount of melting and movement. It looked diluted compared to other staining. Swab GC2 was taken from the outer railing of the balcony to the left of the metal heater. Some of the red staining on the balcony was dense enough that it soaked through the new snow that was falling. They left the residence at 2:24 p.m.
[174] At 3:53 p.m. on February 8, 2017, the coroner, Dr. Churchill, arrived. Sgt. Crooks escorted her in. She placed tags on Nickolas and James Pasowisty but did not otherwise touch or move them. Sgt Crooks exited with the coroner at 4:52 p.m.
[175] A decision was then made to move James and Nickolas Pasowisty for humanitarian reasons to ensure they were cared for properly. Det. Cst. Green and Sgt. Crooks were worried about lost evidence and wanted to document the scene so that when body removal came, nothing would be lost. Therefore, they re-entered the unit and documented and seized items going up to the apartment. They strictly stuck to the pathway up to where Nickolas and James were found. Sgt. Crooks swabbed some areas on the stairs that were at risk of being compromised by body removal personnel. Areas that were not at risk of being comprised were left untouched, including areas that the blood stain analyst would want to examine himself.
[176] Further swabs were taken of the balcony and door to and from the balcony. Photo B36 shows the location of swabs GC3, GC4, GC5, and GC6 which were on or near the exterior of the outer balcony door. GC4 and GC6 were ultimately sent to CFS and will be discussed further below.
[177] Paper bags were placed on the hands of Nickolas and James.
[178] Just after 7:10 p.m. on February 8, 2017, Det. Cst. Green noticed a light coming from Bedroom #2. It was now dark outside again. The only light she had noticed up to that point was the lamp in the living room, but it was not lighting a large area. However, she now saw a glow coming from Bedroom #2, that she had not seen earlier. Det. Cst. Green noted that the door to Bedroom #2 swung inward. There was a two-seater couch on the east wall to the doorway. When the door was swung open, it stopped abruptly. (Exhibit 5A/5B - B12 – shows how far the door would open) The space between the arm rest and the wall or door was estimated to be a foot to 18 inches – under two feet. She saw that the glow was from a flashlight on the couch as she was on the threshold to the bedroom.
[179] Once it got shadowy in the residence, Det. Cst. Green saw what she believed to be a footwear pattern near the stove. She put the scale down to try to capture the size, but the tread pattern was not clear. (Exhibit 5A/5B – B21) She did not do anything further.
[180] Nickolas and James were removed from the residence at 8:50 p.m. Sgt. Crooks recalled that when Nickolas was moved, some passive drops of blood fell on the floor where his head had been
[181] When everyone was out of the residence, Sgt. Crooks placed a seal on the solid door of the residence.
[182] Det. Cst. Green, Sgt. Crooks and David Sibley, the blood pattern analyst, processed the scene at 54 William on February 9 and 10, 2017. They brought light sources with them to assist in their work and therefore avoided turning on any lights in the apartment. They were trying to capture the scene in situ; in other words, they were trying to capture the natural setting and capture as much detail as possible. Mr. Sibley marked areas with a circle and a number to locate where he wanted a swab taken – labelled BPA 1-78, Det. Cst. Green photographed the location marked, and Sgt. Crooks swabbed inside the areas marked. 78 blood swabs were obtained. Det. Cst. Green noted that the flashlight was still where they found it and was still illuminated, although getting more dull, on the evening of February 10.
[183] On February 11 and 12, Det. Cst. Green and Sgt. Crooks returned to 54 William, at which time they continued to process the scene, including taking photographs and seizing items. The following things were of note:
a. Photos B22-29 show various areas of red staining in the kitchen / hallway area. In B25, there was a black serrated knife sitting in the dish rack, pointing down. (This was later seized, however, there was nothing of significance and it was not sent for testing.)
b. B35-B38 show the balcony door closed from the exterior. B35 shows blood that had soaked through the new snow, indicating that the concentration of blood in this area was very high.
c. On a table, inside the living room, a “Lays” chip container was located, and inside there were a handful of small clear baggies with a green leafy substance inside. There was no red staining on the table where this was located. Also, on that table was a small set of scales. The blue / grey chair nearby had staining on the arm and there was red staining on the mat under the chair. (B56-B58, B59-B60, B61)
d. Also in the living room, beside the lamp that was illuminated, was a glass bong (B57-B58, B62)
e. In the corner of the living room, to the right of the entry way, was a green armchair. There were multiple stains on the chair. There was a black toque on the back of the chair. On the right side of the armchair, if one were seated in the chair, was a paper towel, nail clippers and a Bic lighter. There was no staining under the paper towel or nail clippers, but the Bic lighter was over staining. On the left arm of the chair, if one were seated in it, was a tray with a green leafy substance on it. There was no staining under the tray. (B63-B66)
f. On the same chair, between the arm and the cushion on the right side, there was a small utility knife, small scissors, a white tissue, and a clear plastic baggie with leafy green substance. (B66) The utility knife was seized on February 11, 2017, however, it did not have any staining on it and was not sent for analysis. The utility knife was marked as Exhibit 6 at the trial. It only had 2 slivers of blade remaining, which would come out the top about a half an inch. It was described as a plastic, “flimsier” knife, which appeared well used. It was not tested for sharpness. It had black “gummy looking” areas on it and it appeared dull. The white tissue was seized and sent for analysis on March 2, 2017. It was located overlapping other stains. The handle of the scissors was sticking up and was covered with red staining. The scissors were sent for further analysis. The scissors were marked as Exhibit 7. They were collapsible. The blades were well used. There was sticky matter on both sides. They did not appear very sharp. There was no staining on the cutting surface. Det. Cst. Green testified that tools of the trade for marijuana users are grinders, scissors, and knives, and that repeated use of such items leaves residue, like a gummy matter, on the items and dulls them.
g. In Bedroom #2, the door was firmly against the love seat, as depicted in B71. There was a black cord on the floor in the doorway and red staining on the door, door trim and floor. (B71). Inside Bedroom #2, there were various areas of red staining. Just inside the door was an overturned garbage can to the left and various red stains on the floor. There were also stains on the garbage as depicted in B73. Det. Cst. Green did not know if there were any stains under the garbage. On the dresser, were a number of items, including several empty alcohol bottles, and scissors beside a few cigarette filters. (B74-B75). In the southwest corner of the bedroom, there was a television on the dresser with a lamp on top of it. (B76) There was a pink couch with its back against the bed and the cushions somewhat askew. On the far cushion of that couch, furthest from the door, was a folding knife with a bat on the handle and two blades. Only one blade was out. (B77-B78, B81, B82, B83) There was various red staining on the couch. In between the cushions of the couch, but visible due to the fact that the cushions were misplaced, was a grinder with red staining, a mouthpiece to use on a bong and a CD/DVD. The grinder and CD/DVD were on top of red staining. (B80) Also by the knife were a set of nail clippers, with red staining, and a clear plastic baggie. There was no staining on the baggie itself, but there was staining under it. (B81-B82) There was staining under the clippers. The knife was sitting on top of red staining. Several bongs were found on the floor. The carpet on the floor was out of place. (B84). Also depicted in B84 was Nickolas’ wallet, which was a blue item located on the floor. His identification was found inside. The item was dirty, but there was no obvious staining.
h. There was staining on both sides of the bat knife, including the blade. The knife was fairly heavy, with a metal decorative casing with a bat and buildings. There was a clip on the back. The left blade was open and locked. It had a very sharp tip. The blade was curved on the back side. The blade had two notches which were not sharpened. There was a release lever on the outside that had to be pushed to fold the blade in. To open the blade, there was a nub to push with the thumb. It then snapped into place. There was a gap between the blades when both were open. The knife was sent for testing. The bat knife was marked as Exhibit 8. (See B83) At trial, Det. Green estimated the blade to be approximately 3 inches, or at least more than 2 inches.
i. On the loveseat, to the right upon entry, across from the pink couch, a flashlight was located on the furthest cushion from the door, with the base just slightly under a piece of clothing. (B84) (B93-B94) The flashlight was seized and sent to CFS to be examined. The flashlight was marked as Exhibit 9. It was 7 inches in length, with a wrist tether at the bottom. The base was a rough texture. The head rotated to zoom the light in and out. The light was not tested as it was dying when seized.
j. Also located in Bedroom #2 were four airsoft style pellet guns – two long arm style and two pistol style. (B86- 87)
k. There was a second television in the room depicted in B88 in the northeast corner sitting on top of a dresser. The television was off when Det. Cst. Green first saw it. When powered on, it was on the HDMI input setting.
l. Near the window on the north wall was a table of sorts. There was red staining on this table as well as numerous cigarette filters and partial cigarettes. (B88-89-90)
m. There was a large amount of red staining on the inside of the bedroom door as depicted in B96 - 98, B100-108. It appeared to Det. Cst. Green that the clothing on the back of the door had been hanging there when the blood letting event occurred.
n. Also located in Bedroom #2 was a large black duffle bag, which was just inside the door to the left between the pink couch and the dresser, near the upset garbage can. The shoulder strap appeared to have been ripped off on one side. It was relatively old, as the water-resistant lining inside was breaking down. The duffle bag was marked as Exhibit 10. (Det. Green agreed that the bag had been seized a few years ago and she did not examine it after seizure to determine its age or condition at that time.) There were two items inside when it was seized: a pellet gun and an expandable baton. The pellet gun was recovered with pellets and the air cartridge inside – it was loaded. The pellet gun and baggie of ammunition / cannister was marked as Exhibit 11. The expandable baton was missing a section and the end cap. It was very similar to a police baton. The grip was rubber. Det. Cst. Green described how to flick out the baton. It was approximately 3-5 pounds. The expandable baton was marked as Exhibit 12. Det. Cst. Green agreed in cross-examination that the one remaining expandable section on the baton would still come out of the handle and stay out so that it could still be used.
o. There was no function to the lock on the door to Bedroom #2. It was an old skeleton key lock that did not engage.
p. Several cell phones were found in the apartment, including: i. Flip phone found near the head of Nickolas; ii. Black cell phone in Bedroom #2 on the pink couch; iii. LG black flip phone in a plastic bag located in the living room; iv. Silver Telus flip phone in the living room in a plastic bag; v. Black phone in the kitchen cupboard, which was lacking a battery and could have been in pieces.
[184] On February 15, Det. Cst. Green attended back at 54 William as she was asked to check the residence for lighting sources, other than the lamp in the living room. Det. Green noted as follows:
a. There was an oven light, but there was virtually no light coming through the door when it was closed as the oven was quite filled with grease. It would not illuminate anything in the kitchen.
b. There was a light source in the kitchen hallway. It was a yellow light that did not illuminate much. This was the only light in the entire hallway. There was no red staining on the switch plate, which was on the wall to the left of the entry to Bedroom #1, closest to the stairs. This light was not on when she first attended 54 William.
c. There was a switch plate in the hallway to the left of the entrance to the living room. There was a dimmer switch but there was no slider. It was just a plain plate that appeared to have no function. This was depicted in B31.
d. In the living room, there was a ceiling fan. There was no light switch in the living room. The ceiling fan worked with draw strings. There were no light bulbs in the fan.
e. There was a light in the washroom that was functioning. The switch was on the outside of the washroom wall. The light was over the sink. This light was not on when she first attended 54 William.
f. According to Det. Cst. Green, there were no other working lights in the apartment.
It is of note that Det. Cst. Green was not specifically asked about the lamp in Bedroom #2.
[185] Det. Cst. Green was never able to compare the footwear impressions on the balcony to those in front of the residence. She indicated that the weather had altered the evidence prior to being able to get a proper print and some of the snow was hard on top, therefore, no pattern was created. Sgt. Crooks agreed in cross-examination that he was not able to take samples of the snow on the balcony because by the time they got to it, it was compromised by weather. Further, the footwear impressions were not suitable to make any identification to a known piece of footwear. There were a few photographs taken with an overhead drone. Photograph A12 clearly showed the red staining in the snow on the balcony. A13 and A14 both showed pink icicles coming down from the overhang under the balcony. A14 also showed a small metal square item on the balcony, referred to as a heater. Det. Cst. Green described the balcony as saturated in blood. She stated that warmer temperatures came over the next few days, forming icicles of red staining from the balcony. Det. Cst. Green agreed the footwear impressions on that balcony were overwhelming and that she could see a Bates boot pattern. She agreed that it was impossible to say whether the Bates boot pattern overlapped or covered other prints.
Arrest of Dyrrin Daley
[186] At 8:33 a.m. on February 8, 2017, Sgt. Glen Furlong and Sgt. Aaron Geertsema were advised by other investigators that information had been provided to police from a neighbour that a vehicle had been observed in the area of 54 William on January 27. A plate was also provided by the neighbour. The neighbour was concerned of drug trafficking and therefore kept the information. Sgts. Furlong and Geertsema were tasked to track down the vehicle and the owner to see if that person could offer anything in relation to the investigation. From 8:53 a.m. until 9:48 a.m., Sgt. Furlong did various checks on the vehicle and the registered owner, including checking social media. The vehicle was registered to Dyrrin Daley at 11 Marcus Street in Barrie. In the meantime, Sgt. Geertsema assisted the Greens (owners and residents of 52/54 William) with accommodations.
[187] At 10:55 a.m., Sgt. Furlong and Sgt. Geertsema took Harold and Judy Green back to the residence to pick up some belongings and their cat. This took some time as forensic officers were needed to escort the Greens in and out of the residence. At 12:24 p.m., the Greens were out with their belongings.
[188] At 12:28 p.m., Sgts. Furlong and Geertsema decided to follow up on locating the vehicle seen several days earlier at 54 William. At 12:32 p.m., they attended at 11 Marcus Street, the address associated with this vehicle. They were wearing suits as opposed to uniforms. By this point, the weather was cool and had started to get “nastier”. Sgt. Furlong indicated that they planned to knock and speak to Mr. Daley to ask how he knew the individuals at 54 William and to see how things unfolded. They parked on the street. There was snow and ice on the ground. The officers saw the Honda CRV, with the licence plate that matched the one provided, parked to the left of the residence. There was little to no activity on the street. The residence was in darkness. They began to walk up the driveway of 11 Marcus. Sgts. Furlong and Geertsema saw red droplets going up the left side of the driveway. As they walked further, Sgt. Furlong noticed more concentrated droplets in the area of a garbage bin. Near the fence on the left, there was significant red staining. They went toward the front steps of the house. There were droplets on the second stair of the front porch. There was red staining smeared on the handle of the front door. The red staining appeared diluted because of the snow and ice. There was red staining on the glass of the storm door. Sgts. Furlong and Geertsema believed this was blood.
[189] They did not hear or see anything inside. Sgt. Geertsema noted that they had some concerns of who was in the residence and concerns for safety. They did not know who ordinarily lived in the residence or who was inside. Without knocking on the door, they decided to extract themselves from the situation to have a discussion. They went back to their vehicle, went to another driveway, and had a conversation. Sgt. Furlong had two significant concerns: 1) ensuring the individual shedding blood was ok; and 2) ensuring the droplets were secured for evidence purposes as he thought it was related to the events at 54 William. According to Sgt. Geertsema, because of what he knew of the crime scene at William and what he had observed at Marcus, he was concerned about the condition of the person in the residence and wanted to make sure that no one was injured or needed assistance.
[190] Sgt. Furlong contacted the homicide unit and outlined his concerns to investigators. Staff Sgt. Norm Meech expressed concern for the individual in the house due to blood loss and requested that the officers go in to confirm the person’s safety. A decision was made through senior management that they would enter after knocking and announcing.
[191] Sgt. Furlong called other officers to assist. They also arranged for paramedics to be close by.
[192] Uniformed officers arrived at 12:54 p.m. Shortly after that, tactical officers arrived. Sgt. Furlong and the officers who had arrived had a quick briefing on the street. Sgt. Furlong did not want “people acting unilaterally”, as they were there to attempt to locate Dyrrin Daley for health and wellness. At that point, he believed that Dyrrin Daley lived there but he did not know who else lived there. Sgt. Geertsema was by or in his vehicle at the roadway.
[193] Sgt. Furlong, and three armed tactical officers, went to the front door, door ram in hand, banging loudly and announcing that it was the Barrie Police. There was no response or movement from inside. Around the same time, Canine Officer Cst. John Lamont attended at the side door and discovered it was unlocked. The three tactical officers and the canine officer then moved inside the residence through the side door, up the stairs, to the main level of the home. They had many use of force options available on their uniforms but no one had a weapon out at that time. They were calling Mr. Daley’s name and announcing themselves as police. As they were ascending the stairs and entering into the hallway of the home, there was a voice from down the hall announcing his presence. Dyrrin Daley appeared at the end of the hall, having exited a bedroom with his hands in the air. Police noticed that Mr. Daley had his hand bandaged. He was cooperative. Mr. Daley was instructed to and did come to the officers. It was not clear who, but someone cuffed Mr. Daley. Some of the officers did a quick check of the house for other occupants. There was no one else. Sgt. Furlong then took custody of Mr. Daley. Cst. Doug McLellan, one of the tactical officers, testified that Mr. Daley seemed scared. Mr. Daley was barefoot so one of the officers obtained his flip flops for him to put on as there was snow and ice on the ground outside.
[194] Either just inside or outside the side door, Sgt. Furlong placed Mr. Daley under arrest for second degree murder (x2) at 1:13 p.m. and provided him with rights to counsel. Mr. Daley said that he understood. Sgt. Furlong asked if he wanted to speak to a lawyer to which, Mr. Daley said, “No, I just want to talk to detectives about what happened”. Sgt. Furlong had never met Mr. Daley before, but may have pulled up a picture of him before going there. Sgt. Furlong described Mr. Daley as extremely polite and cooperative. Mr. Daley was brought down the driveway, being careful to avoid the red staining on the driveway as police wanted to seize samples for testing.
[195] Paramedics arrived and parked on the curb facing south. Mr. Daley was escorted to the back of the paramedic unit by Sgts. Furlong and Geertsema, where paramedics attended to him. Sgt. Furlong could not see any injuries to Mr. Daley until the bandage was removed from his hand. Mr. Daley continued to be remarkedly polite and calm. After the bandages were removed, Sgt. Furlong took a video with his cell phone for evidence in case this was evidence of something that occurred at the scene.
[196] Ryan Bacola, primary care paramedic with the County of Simcoe, testified about his attendance. Mr. Daley walked down the driveway with the officer with his hands cuffed behind his back. There was nothing unusual noted about his walk. Due to the weather, they moved into the back of the ambulance. The officer was there as well. Mr. Daley presented with an injury to his left hand, covered by tissue, tape and a sock over top. There were no other obvious injuries. The only complaint made by Mr. Daley was in reference to his hand and Mr. Daley advised paramedics that there were no other injuries or complaints he was concerned with. The tissue, tape and sock were removed and placed into a bag for the police. The paramedic described the injury to the hand as a 1-2 inch laceration at the base of the middle finger, ¼ to ½ inch deep. It was not actively bleeding. Mr. Daley was able to move the finger independently, he could feel sensation, and there were signs of circulation. The paramedic applied a pressure dressing to the wound. They offered transport to the hospital for further assessment and treatment. Mr. Daley refused further assessment at that time. Mr. Daley was very cooperative, answered appropriately and was forthcoming with his complaints and injuries. As for the head and neck, paramedics documented no trauma or visible injury. Mr. Daley was speaking full sentences, able to communicate, and had a good airway. The paramedic did not visualize the chest or abdomen as there was no complaint. They spent 10-15 minutes with Mr. Daley.
[197] Mr. Daley was then walked from the paramedic unit to Sgt. Furlong’s / Geertsema’s vehicle which was about 40-50 metres. He was placed in the right rear of the vehicle. At 1:25 p.m., Mr. Daley was transported to the station. Sgt. Furlong drove. Sgt. Geertsema recalled sitting in the back with Mr. Daley, as there was no cage / barrier in this vehicle. A further short video was taken in the car, as Sgt. Furlong wanted to document the reason he was not taking Mr. Daley to the hospital. At 1:26 p.m., Mr. Daley confirmed that he did not wish to go the hospital but rather wished to go to the station. Sgt. Furlong agreed that Mr. Daley seemed anxious to get to meet the officers. Sgt. Geertsema described Mr. Daley as calm, cooperative and pleasant, although he seemed a “little sluggish”.
[198] They arrived at Barrie Police Headquarters at 1:41 p.m. While on route, Sgt. Furlong received a call from the homicide unit indicating that the charge was first degree murder as opposed to second, and Mr. Daley was to be advised of this fact. Upon entering the station, Mr. Daley was advised that he was being audio and video recorded. He was then advised of the upgraded charge of first degree murder, on video, before Staff Sgt. Hyatt. He was paraded and booked.
[199] At the station, Mr. Daley was again asked whether he wished to call a lawyer, at which time, he indicated that he had a family member, who possibly lived in Ottawa, who was a lawyer named Dawn. He provided no number or last name. Mr. Daley said his father would possibility have the number. A call was placed to a number but it was a wrong number. There was then a discussion about contacting duty counsel instead and a call was placed.
[200] Photographs of Dyrrin Daley were taken commencing at 2:18 p.m. on February 8, 2017. The photographs were introduced as part of Exhibit 5A/5B.
Dyrrin Daley’s Trip to Royal Victoria Regional Health Centre (“RVH”)
[201] At some point, Mr. Daley was placed in a cell and Sgts. Furlong and Geertsema then went to attend to other tasks. At 3:05 p.m., Sgts. Furlong and Geertsema were requested to take Mr. Daley to RVH to have his hand examined. Sgt. Furlong pulled his car back into the sally port, took Mr. Daley from the booking officer, and placed him in the rear of the car, handcuffed. Mr. Daley was advised that he was being recorded and that he would have no expectation of privacy during this trip to and from the hospital. At 3:32 p.m., Mr. Daley was transported to RVH. They arrived at RVH at 3:40 p.m.
[202] The entire interaction was captured on audio (Exhibit 16) and transcribed (Exhibit 14, tab 1). Upon arrival at the hospital, Mr. Daley indicated to the intake personnel that, in addition to his hand, he had a sore back, knee, and leg. (pages 4-5). He also stated that he vomited earlier, and stated, “I spit up a little bit.” (page 5) He estimated his weight as 140 lbs. (page 6) When asked how he was feeling, Mr. Daley responded, “Kinda sore.” (page 10) Later on, when asked where he was hurting, other than his hand, he stated that he was also hurt on his leg, his back, and his knee (page 11-12). The following exchange occurred:
Page 15
MALE: And how’d it happen?
DALEY: I was at a house and I, like I got jumped.
DALEY: I was at a house and I kinda like got jumped, like…
MALE: Oh, so you were in a fight?
DALEY: Yeah.
MALE: Okay.
DALEY: And I defended myself.
[203] When asked by Dr. Jordan Shaw, the emergency physician, about his injuries, the following exchanges took place:
Pages 15-16
MALE: Okay. So in a knife fight? Okay. Okay. And, um, you cut your finger. Did you hit yourself-, did you get hurt anywhere else?
DALEY: Um, my legs kind of hurts. The right side of my back and my knee.
MALE: Okay. Which knee?
DALEY: My left.
MALE: Okay. And is that the same leg that you’re talking about that hurts, as well, or?
DALEY: Uh, yeah.
MALE: Okay. So pain, left knee and left legs. Whereabouts in the leg?
DALEY: Uh, right-, like right there. And then in the back.
MALE: In the back of the knee? Okay, and how did you-, how did that get hurt?
DALEY: When I fell, like I got kinda like tackled and…
MALE: Okay. So you got hit over?
DALEY: Yeah, like two people like-, like smashed my back on them.
MALE: Okay. And you got pain in the right back, as well?
DALEY: Yeah.
MALE: Okay. Now, is that when you hit the ground…
DALEY: Well…
MALE: …or did you hit anything else?
DALEY: Partially, when I hit the ground, but a lot of stuff happened myself, but…
MALE: Okay.
DALEY: I don’t know.
MALE: Okay. Do you have any head injury?
DALEY: Uh, no.
MALE: Okay. Any, uh, chest injury?
DALEY: Uh, no.
MALE: Any chest pain, shortness of breath?
DALEY: Uh, no.
MALE: How about, uh, belly pain?
DALEY: Uh, no.
Pages 17-18
MALE: …And where’s the back pain?
DALEY: Like right in there.
MALE: All on the right side here? Like over here?
DALEY: Yeah.
MALE: Oh, right in there. Okay. Anything in the middle here where I’m pressing? It’s just all off to the side there?
DALEY: It’s just right there.
MALE: Okay. So it’s kind of over your ribs, eh?
DALEY: Yeah
MALE: Okay. No back pain in the middle, eh?
DALEY: No.
Pages 19-21
MALE: …So, so were you hit here? Or like how…
DALEY: No, but I fell like on s-, I think like a…
MALE: Fell and hit something? I just can’t…
DALEY: I’m not even really sure.
MALE: Yeah, honestly, man, I don’t think there’s a break there. I don’t think I need to x-ray that. And your, your knee’s not sore, at all?
DALEY: No, it’s just like-, well, like when I put pressure, like s-, like kneel on it…
MALE: Yeah.
DALEY: …it is, but like it’s just like this part’s really sore and like my back…
MALE: Yeah.
DALEY: …and then the hand.
MALE: So this is from your own knife?
DALEY: Yeah. Like, like my hand, they finally like pushed it like towards like…
[204] Following x-rays of his chest and ribs, Dr. Shaw returned and stated that the x-rays looked good, but he was waiting on blood and urine results. At that point, he asked Mr. Daley whether he had a headache, to which Mr. Daley stated, “Yeah, a little bit.” (page 34) Dr. Shaw asked if he was punched in the head to which he said, “I don’t know. Like I, I might’ve hit my head, like so much happening….” (page 34) Dr. Shaw then also decided to scan his head as well.
[205] Dr. Shaw stated that the laceration on the finger on his left hand included a lacerated tendon and a digital nerve injury (page 35). In relation to the injury to his hand, the following exchange took place at pages 40-41:
MALE: …Really got yourself there, eh?
DALEY: I didn’t.
MALE: Pardon?
DALEY: (inaudible) just (inaudible)
MALE: Oh, they got you with your own knife?
DALEY: Yeah
MALE: Oh, I see. So what happened, they grabbed it from you?
DALEY: I’m not gonna talk about that.
MALE: Okay.
DALEY: Unless I have my lawyer present.
[206] While at the hospital, Mr. Daley advised the police that he had not eaten all day. The officer stated that he would get him something to eat when they returned to the station, to which Mr. Daley responded, “Well, I can, I can try, but you know, I’ll be good.” (page 57)
[207] While waiting for test results, the officers attempted to answer Mr. Daley’s questions about the process. (pages 62-63) It was explained to Mr. Daley that the hospital was not the right forum to have the conversation with him, however, Mr. Daley stated, “Like I need-, like…like this-, like I didn’t want like this whole sit-, situation to transpire. Like a whole bunch of shit just led up to sh-…these events, you know.” (page 64) Again, Mr. Daley was reminded that the hospital was not the appropriate place for this conversation. There was a discussion about the difference between being arrested and charged. Mr. Daley then stated at page 65:
DALEY: Can-, like can I off record? Like this is completely self defence. Like I just defended myself against both of them (inaudible). Like I, I didn’t want-, like I don’t like hurting people, I just like to keep myself protected, you know. Like straight up.
Again, Mr. Daley was advised that this was a conversation for back at the station, to which Mr. Daley stated, “Okay….and I appreciate you guys being like good sports to me.” (page 65)
[208] Following this, Dr. Shaw returned and advised that Mr. Daley would need to be admitted to hospital as he had “tiny little bleeding in the brain”. (page 70) Mr. Daley was then asked if he was hungry to which he responded, “…just tired.” (page 71). He confirmed that he had not had anything to eat or drink since he had been at the hospital. The medical attendant insisted upon Mr. Daley at least having a glass of water to which he agreed. (page 71) Mr. Daley was asked whether he had a headache, to which he stated, “A little bit…around in my head…so like the top.” He described his headache as a 7 out of 10 with 10 being the worst. (page 74) Shortly thereafter, Dr. Shaw returned and advised that he had consulted with neurosurgery and, given the brain bleeds were so small, Mr. Daley did not need to stay in hospital (pages 77-78)
[209] As they were getting ready to leave RVH, the officer remarked that this was good news that the brain bleed was small and that he could be released, to which Mr. Daley stated, “I really don’t care at this point obviously….my life’s totally dead now.” (page 81)
[210] On the way back to the station, Sgts. Furlong and Geertsema offered Mr. Daley something to eat, such as a granola bar and a drink box, but he refused. They arrived back at the station at 7:50 p.m.
[211] The officers were extremely polite and kind to Mr. Daley during this trip to and from the hospital. They asked about his well-being and offered to take his handcuffs off or reposition them so that he could get appropriate medical care. During the recording, one of the officers stated, “…his health is obviously a priority”. (page 22) At another point during the recording, one of the officers pointed out that Mr. Daley was snoring. (page 38). The dialogue was calm and respectful throughout.
[212] In addition to the recording of the interactions at the hospital, Dr. Jordan Shaw, the emergency room physician, also testified. He was qualified, on the consent of the defence, as an expert in emergency medicine.
[213] Dr. Shaw testified that when he first approached Mr. Daley on February 8, 2017, he was wearing a blue police jumpsuit and had handcuffs on. As for injuries, nothing particular stood out, apart from the dressing on his hand. He described Mr. Daley as alert and oriented. He had no concern about whether Mr. Daley understood what was going on. Mr. Daley’s initial complaints were the laceration to his hand, back pain (which he determined to be localized rib pain), a slight headache, and pain along the back of his left mid thigh. Dr. Shaw did not observe anything significant on the leg. He checked his knee, hip, and range of motion. There was no bruise or laceration. Dr. Shaw did not administer any treatment. As for the complainant of back pain, from Mr. Daley’s complaint it appeared to be the bottom two or three posterior ribs on his right side. Dr. Shaw did a visual examination, palpated, and listened. He did not see anything, as in no bruising or lacerations. He pressed along the chest wall, and there was no discomfort. According to Dr. Shaw if broken, he would have had pain. The tenderness appeared localized to the area, however, Dr. Shaw did not feel any fracture. However, out of an abundance of caution, Dr. Shaw ordered an x-ray. Dr. Shaw indicated that he was proceeding more cautiously as Mr. Daley was in police custody and he was worried that he was not getting complete information from Mr. Daley. Upon reviewing the x-ray, Dr. Shaw did not see any broken ribs or damaged lung tissue. There was also nothing of note in the chest x-ray. No treatment was required.
[214] As for the hand injury, Dr. Shaw described this as a deep laceration from the base of the middle finger to the first joint and back down to the base in a “flap like” design. The laceration was deep, down to the tendon. It also appeared that there was damage to the digital nerves, as Mr. Daley had no feeling in the tip of his finger. Dr. Shaw administered freezing to the finger and left the room for it to take effect. He then irrigated the wound with saline to prevent infection. When examining the wound, he noted that the tendon function was normal. The wound required three deep dissolvable stitches on the inside and regular sutures on the outside. The wound was then dressed, and a splint placed on the hand. Mr. Daley also received a tetanus shot and received prophylactic antibiotics.
[215] As for the headache, Dr. Shaw did an ears, nose and throat exam. There was no bruising or obvious fractures on the head. As Mr. Daley was vague in his complaint, leaving Dr. Shaw with reliability concerns, Dr. Shaw ordered a CT scan of the head to rule out head trauma. Dr. Shaw did not expect to see anything on the CT, as Mr. Daley was able to have conversation, appeared normal, alert and oriented. Where there is a head injury, there are usually indicators, such as drowsiness, repetitive questioning, and sometimes vomiting. Dr. Shaw conducted a neurological exam on Mr. Daley and the observations were all normal. When the CT scan results came back, it indicated two small areas that were presumed to be blood. According to Dr. Shaw, no matter how small the bleeding on the brain, he consults with a neurosurgeon to see if the person needs to be admitted or whether there needs to be surgical intervention. The neurosurgeon who looked at the images said that the areas of concern were not significant. Dr. Shaw agreed with that assessment as the brain bleeds were tiny. It was determined that Mr. Daley did not require any intervention whatsoever and he was discharged from hospital. Dr. Shaw agreed in cross-examination that not every blow to the head results in bleeding and that there is no bleeding in the brain with a concussion.
Forensic Evidence at 11 Marcus
[216] Det. Cst. Jason Nicolle arrived at 11 Marcus St. at 1:13 p.m. on February 8, 2017, just as the arrest was being made. Mr. Daley, in handcuffs, was being escorted down the driveway. There was a light snow fall, and Det. Cst. Nicolle was concerned that the red staining and footwear impressions outside would become obstructed by the snow. He wanted to get photographs as soon as possible. After speaking with officers on scene, Det. Cst. Nicolle commenced taking photographs at 1:25 p.m., some of which were as follows:
a. C1 –front of 11 Marcus, showing a Honda CRV – plate BZCF926 – parked in the driveway. The vehicle was not examined there, but rather was towed to the station.
b. C2/C3/C4/C5/C6 – yellow scene markers placed in areas of red staining observed in the snow. There were 14 areas marked. Swabs were taken at each area. Areas 1-8 were just a few spots of staining. Area 9 was more red staining. Areas 10-14 were just single spots. There were footwear impressions on the front steps. (C6)
[217] Arrangements were made to have the CRV towed to the station. The vehicle and Det. Cst. Nicolle arrived back at the station at 4:34 p.m.
[218] At 5:25 p.m. on February 8, Det. Cst. Nicolle was advised that a second vehicle, a purple Honda Civic, had arrived at 11 Marcus Street that would need to be towed to the station. Det. Cst. Nicolle met the vehicle at Barrie Police Service and secured it in the identification garage at 6:45 p.m.
[219] On February 11 and 12, the residence at 11 Marcus Street was further processed by identification officers, Det. Cst. Nicolle and Det. Cst. Shawn Denomme. The examination started where Det. Cst. Nicolle had left off – at the front door of the residence. Photographs and swabs were taken of red staining in the area of the front door. (C7-C11) Once officers moved inside, Det. Cst. Nicolle took a video while Det. Cst. Denomme took photographs. Dyrrin Daley’s bedroom was directly at the end of the hallway. (D4/D6) The mattress was on the floor in the far corner of the room with blankets on it. It looked slept in. There was a small table stand with a TV. There was an aquarium with two bearded dragons. (D7/D8/D9) The room to the right of Mr. Daley’s bedroom was a spare room that he also used. (D4) (D15-17). The following items of interest were photographed throughout the residence:
a. D1 / D2 – back side of front door / front foyer – there were a couple of red stains on the front foyer floor. There were cleaning products in a bucket beside the door.
b. D4 – hallway – there was red staining on the carpet in the hallway. There was a blanket on the floor that led to the common area (bottom left corner of photo D4), and there were red stains close to the blanket. There was also red staining on the door to the linen closet and baseboard near the first bedroom on the left. There was red staining in the garbage can just outside the bedroom at the end of the hall (Dyrrin Daley’s bedroom).
c. D5 – bathroom –there was a mop head in the garbage can, next to the bathtub. There was red staining observed on the mop head. The mop handle was to the left by the shower curtain. There was also red staining on the front of the toilet, on the toilet seat, on the countertop near the sink, on the vanity near the floor, and on a cleaning sponge.
d. D6 – there was red staining on the door frame to Mr. Daley’s bedroom.
e. D8 – Mr. Daley’s bedroom – there was red staining in several areas, including near the light switch and on the light switch, on the wall just below the light switch, on the wooden bedside table in the bottom left, just below the light switch. On top of the stand were several cigarette butts. Two butts were seized due to red staining. (see also D10) There were red stains on the office chair.
f. D9 – Mr. Daley’s bedroom – the mattress was to the right of the photo. Between the laundry basket and the mattress, a glove was located with red staining (see also D10).
g. D10 – Mr. Daley’s bedroom – iPhone on the floor that was marked by scene marker 22 and later seized.
h. D11 – Mr. Daley’s bedroom – close up of the glove between the laundry basket and the mattress, marked by marker 23, with obvious red staining. There was also red staining on the mattress near the glove. The glove was determined to be a workout glove, with half of the fingers exposed and Velcro straps. The glove was located with the fingers pointed down. The Velcro was slightly stuck to the end of the mattress. D12/D13 were photographs taken of the glove after it was removed from its original location. There was damage to the middle / lower portion of the left middle finger. This left-hand glove was marked as Exhibit 19.
i. D15 – Mr. Daley’s spare room –there was a knife visible lying on the floor. Red staining was seen on several papers scatted on the floor, on the wall near the light switch, on the outside doorknob, on grey sweatpants on the floor, and on an empty aquarium.
j. D16 – Mr. Daley’s spare room – to the right of the door was a closet. There were no closet doors and no hangers. Clothes were on the floor and spilling out of the closet. Items were seized from the pile. Most of the items of interest were in the pile. As officers pulled back layers of this pile, there were items with red staining. The following items were of interest: i. There was a hooded camouflage coloured vest with red staining found to the left of the clear tape (D16-17). There was red staining on the left shoulder blade. Most of the staining was on the top of the hood and to the right of the zipper. The vest was marked as Exhibit 20. ii. A red suitcase was located in the closet area. Blue underwear on top of the suitcase had red staining. (D16, 18, 19, 20) There was a red stain on the middle underside of the suitcase when flipped over. iii. A blue towel with red staining was to the left of the red suitcase (D18). iv. Under the blue towel, there was a green coat, with blonde fur on the hood, which was seized. This was not visible until police started to remove items from the pile (D18, 19). There was quite a bit of red staining throughout the coat, including at the bottom and on the cuffs of each sleeve, a lot on the hood of the coat (similar to the camouflage vest), in the pocket area, and in the zipper area. There was no staining visible on the back of the coat. This coat was one of two items with the most staining, the other being a pair of black pants with a batman belt. The green coat was entered as Exhibit 21. v. Under the red suitcase, was a pair of black Timberland boots (D21). There was a small amount of red staining on each boot, which were men’s size 12. There was small staining on the inside of the left boot. On top, there was a pinkish shine to the boot. The right boot had small red staining on the left side of the toe area. The boots were certainly not saturated in red staining, in fact the soles looked clean and not very worn. The boots were marked as Exhibit 22A (left) and 22B (right) vi. After the boots and other items were removed, in the same area as the boots were located, there was a right glove that matched the glove found in Mr. Daley’s bedroom (D22, 23, 24). The glove was inside out. The grey trim of the glove had pinkish staining. The rubbery palm was shiny with a foreign substance. The right-hand glove was marked as Exhibit 23.
k. Inside a floral-patterned garbage can in the spare room, in the bottom right corner of photograph D16, there was clear plastic with red staining. It appeared to be packing tape which had been wrapped around itself several times. There was also a packing tape roll on the floor next to the knife. (See also D17)
l. On the opposite end of the spare room, to the left of the standing mattress, other items were located. D25 captures what it looked like prior to moving anything. A batman belt can be seen coming from the blue suitcase. The large flap of the blue suitcase was closed but not zipped. The suitcase was also shown in D26, but obviously had been moved by this point.
m. Inside the blue suitcase, police found a pair of black pants with a batman belt (D25, D26, D27, D28). There were various areas of red staining from the ankles to the waist. The pants were not wet when seized. Large amounts of red staining were observed at the rear pocket area on both sides. The black pants, with the batman belt, were marked as Exhibit 24.
n. In the same pile as the suitcase containing the pants, after the suitcase was removed, underneath there were some green cargo pants with some red staining (D29).
o. After the cargo pants were seized and removed from the pile, underneath, there was a PS3 console. This could not be seen until the cargo pants were removed. It was almost under Marker 26 in photo D29. Photo D30 showed the console after the items were removed from the top. There was red staining on top of the console. The console was seized. No power cords were found. The console had several connection ports, including HDMI. The PS3 console was marked as Exhibit 25. (When later analysed by Cameron Pottage, the console had a Blu-ray disc inside, Call of Duty: Black Ops 2, and the user name on the log in screen was nickpasowisty@gmail.com. There were no relevant messages on the device associated to Dyrrin, Daley or DK, and nothing about a meeting on February 7)
[220] In cross-examination, Det. Cst. Nicolle agreed that there were other items at 11 Marcus Street with transfer red staining that he had not mentioned in examination-in-chief, including an Atlanta Falcons jacket, a sleeveless camo shirt, Air Jordan track pants, Toronto Raptors T-shirt, and a black vest jacket. Also, Det. Cst. Nicolle and Det. Cst. Denomme agreed that there were various weapons observed at 11 Marcus Street, including:
a. A “Rambo-type” knife with a black handle on the floor in the spare room. This knife was not seized or measured. (D15-16) Det. Cst. Nicolle estimated the size of the blade to be 5-6 inches. He agreed that the knife appeared to have a shield at the top of the handle to protect a person’s hand from sliding onto the blade;
b. Also located on the floor in the spare room was a walking cane with a sword inside. It was approximately three feet long. Photos of this item were entered as Exhibit 26 and 27;
c. two long arm BB guns;
d. one pistol-type BB gun
Statements of Dyrrin Daley
[221] Dyrrin Daley was interviewed by the police twice, the first time commencing at 8:14 p.m. on February 8, 2017. Mr. Daley did seem tired during the interview, and at one point laid down on the floor when the officer left the room. He appeared calm. He was brought pizza, pop and water at the beginning of the interview, however, he did not eat anything. Mr