Hi Tealgrove .... I noticed Police were specific that CN was charged with being an accessory on May 9th 2013 so it does not sound like she was involved in the murder itself. Reading between the lines of the various news reports it almost sounds like she was trying to help DM cover his tracks , or manufacture an alibi or something , I am guessing Police may have been listening to calls or messages between them.
Best wishes , welcome back , look forward to whatever you can dig up.
How would one charge Suspect #3? All they did was drive the Yukon that DM and MS arrived in, away from TB's house. To charge #3 with murder, you would have to prove either (A) #3 helped steal a truck, and #3 knew that a murder was likely to happen in the course of this, OR (B) #3 knew beforehand that murder was the plan.
However it's reasonable to believe that #3 might have thought that DM and MS would push TB out of the truck and take off with it, without killing him.
(Because it's reasonable to believe that #3 knew a truck would be stolen...why else would they take the Yukon away from the point where normally they would meet up with DM and MS again? And hide the Yukon so that it was not seen in the first place?)
So CN could be #3, and could be not facing charges for murder, because it is quite reasonable to assume that she/#3 did not know or expect that murder would occur. Perhaps that is the honest truth: it was a robbery/theft, but there was a struggle in the truck (as MSM reported) and the upshot was that TB was shot.
ETA: the accessory after the fact charge that CN faces now also holds a threat of life imprisonment, so it is likely the best charge for LE to pursue in face of the evidence.
When things went off plan and TB was killed, there was a delay coming in to Brantford. The trio should have arrived in downtown Brantford sooner than they did, if they had just continued on to the hangar. Instead there was a delay of about 1/2 hour while the trio figured out what to do. Perhaps it took time for TB to die. Original plan: steal a truck, dump its (live) owner and head for the hangar to stash it. This is why DM did not hide his tattoos when he approached TB's home: I have the impression that not a lot of LE effort goes into the investigation of vehicle thefts, in part because people have insurance to resolve the situation for them. DM did not expect LE to look too hard for this stolen truck, because usually that's the way it goes.
However things escalated from a theft to a murder. And there was a new plan: head to the farm where the incinerator had already proved its worth in getting rid of LB. They get in their vehicles and carry on. Oops, someone forgot to turn off TB's phone. They do that and toss the phone and carry on. They're kinda making things up as they go. They didn't plan to have to cover up a murder. All they wanted to do was steal a truck that was covered by insurance and of little interest to LE.
DM had not planned to attract a whole lotta heat. He was just going to steal a truck, and no one cares about a truck. If he had set out to plan a murder, he would have been much more rigorous about electronic devices (TB's at the very least, as well as possibly his, MS's and CN's smartphones) than he was. No I take that back: electronic devices had not led LE to DM in the LB case. Perhaps, based on experience, DM didn't have a lot of fear of being tracked electronically? Perhaps, based on experience, he felt that the burner phone was more than enough protection to hide his identity. That might be true in a truck theft, but not a murder.
Now back to the direct indictment issue. A preliminary hearing is a good dry run for all of your witnesses in a trial. You want to see how they will handle being on the stand. You want to see their weaknesses before trial, you want them to present in the best possible light, etc. People who have never been in court before and are called to testify as witnesses really benefit from having the practice afforded during a preliminary hearing so they can calm their nerves, understand how they might be challenged in court, and perform at their best for the real trial.
But what if the evidence is mostly forensic? What if they have tracked DM/MS/CN's smartphone (not the burner phone) from Etobicoke, to Hamilton, through Brantford, up to Ayr, and so on? What if DM and MS's DNA are in the truck along with the evidence that TB was murdered inside the truck (blood spray from gun shot?) Forensic experts are on the stand all the time. They know the drill. They are expert witnesses not only because of their field of knowledge but because they are witnesses by profession. They do not benefit at all from the dry run known as the preliminary hearing. It's just a burden and a waste of time and effort to them. You can see how it would make sense to dispense of the preliminary hearing if there is nothing to be gained from it for your witnesses...and that suggests that the evidence that links DM to TB's death is forensic in nature (and not the he said she said that would involve an endless stream of friends and associates, the kind of first timers that need practice).
If there is a mass of forensic evidence linking DM to TB, that's why there is a strong likelihood of conviction, and in turn, no preliminary hearing.
Now what if DM, like CN/#3, did not expect murder to occur? What if MS pulled the trigger? Well it doesn't really matter here. Because DM was involved in the theft of the truck, and the murder occurred during the course of that theft, DM is still on the hook for murder. If they used a deadly weapon like a gun...well guns don't give out love taps and kisses. Guns kill. The type of weapon is important. And who bought that gun? MS can't even afford the rent. LE has tied one gun purchase at the very least to DM. If MS fired DM's gun, well that just doesn't go in his favour.
Then there is the WM thing. LE says DM bought a gun from 3 guys (and how many gangsters does it take to screw in a lighbulb anyway? DM had multiple holsters, multiple crimes...did he have multiple guns as well?) The coroner's case remained open long enough for the gossip and rumours to swell up. Well, usually that's how they deal with these things. It all comes out in time. Surely they have a report and WM's brain in a jar somewhere. Toxicology to show if the guy was drunk when "committed suicide" on not. Then we have many friends and associates saying they never could have expected a suicide, a very low key and poorly publicized funeral, a sarcastic obituary, a cremation instead of a funeral, DP saying that DM wasn't broken up for a second by WM's death (ha ha DP, you didn't see that one coming, did ya!), WM died by a trafficked gun, DM bought a trafficked gun, and DM was the sole heir set to inherit everything.
Then there is LB. LE allege DM bought a gun and an incinerator around the time that she died. There must have been a heck of a dynamic between the two. They were sexually involved, he had a girlfriend, and both were mentioned in regards to hard-core party drugs like cocaine and Ecstasy/MDMA. Now these drugs can make you pretty emptionally unstable, and apparently LB had always been a bit emotionally unstable, but she was worse in May/June, lashing out at friends by text, fighting with her parents. And from her phone records we can see she was calling DM every day.
Keep in mind that DM has the first two lines of this song tattooed on his body, so not only can this give us insight on his attitude towards women but we can assume he really really feels this, to go so far as to mark it on his body:
"
I am heaven sent,
Don't you dare forget.
I am all you've ever wanted,
What all the other boys all promised.
Sorry I told. I just needed you to know."
http://www.azlyrics.com/lyrics/brandnew/okayibelieveyoubutmytommygundont.html
This emo song is sung like an anthem by the audience at concerts. The kids know and hang on every word. The words are so clear and slow, no doubt DM could recite the song by heart too. He proclaimed that Brand New was his favourite band on his (I think?) yelp or whatever profile too.
DM was a young, handsome, sole heir to a multi-million dollar fortune and my count, pretty well God's gift to golddiggers (and that's the way I think he saw himself too, just based on the tattoo and his lifestyle.)
The Brand New song is worth a few listens because it's about a person who thinks rather than feels, manipulating people who feel rather than think.
Somehow this tune really struck a chord with DM. Of all the tunes out there, he had you write the lyrics to this one down - on his body, yet.
My theory is that LB had something on DM in relation to the cocaine/Ecstasy(MDMA) (as reported at his parties, and in her history) and saw herself as being in a relationship with DM, a view DM did not share. DM tried to get rid of her but she kept calling, and she threatened vengeance. LB had bitterly reported an ex to LE before.
DM seriously feared LB would go to LE in an act of vengeance, and he would go to jail/prison for his acts. DM killed LB to prevent this. After the fact, he ordered the incinerator, and when it arrived, he used it.
The gun? I think he bought that to deal with WM, but this LB thing came up first.
It's harder to kill someone you know and DM had to set the stage first, telling AS that the M family was running out of money. But then he never told anyone it was a suicide, instead referring to an aneurism or a "sudden bleed on the brain". Maybe it would be too hard to fake breaking down in tears if you were discussing suicide with others all the time. Like in the Brand New song, the thinking (not feeling) person sings, "We're concentrating on falling apart". It's hard work. And also "Cause you cant keep a secret If it never was a secret to start ". And it's natural for others to feel guilt in the face of another's suicide and DM did not want to be painted with any guilt at all.
At least DM knew what to expect when he fired the gun. LB was the "preliminary hearing" and WM was the "trial".
As for TB, I think DM planned to steal a truck. He had an obnoxious self confidence, you know, the kind of guy that gets "I am heaven set/don't you dare forget" tattooed on himself. He didn't expect that LE would pursue a truck theft if no one got hurt, which is why he did not hide his tattoos at TB's. Instead, TB was killed, and the whole thing unraveled.
In the case of LB and WM, the murders are very personal and it is easy to find motive for DM to kill. MS though is the one that runs in the social circles that contain the wack rapper gangsters that sold DM the gun. If DM turned to MS to help source a gun, MS would know about DM's initial plans for WM, and the unfortunate incident with LB that happened instead. MS would be in a position to blackmail DM, move into his basement, live off his means, and pressure him to become a G. MS knew all DM's secrets, and that was MS's golden ticket. But while MS may have held up a certain gangster lifestyle, it was DM that chose the targets. A lover who became trouble. His father. A Dodge RAM truck. It is DM that wanted the truck and wanted LB and WM dead. It was MS who was a bad influence, but it was DM's desires that they were killing for.
Anyway, that's my theory right now, subject to change and MOO.