What hard evidence is there that Smich was even with Millard that night besides that his phone was in the general area at about that time? No positive IDs, No recognizable security footage, and not one fingerprint. My guess is that this is probably the reason MM avoided prosecution while CN got nailed. Their case against Smich would be weak without her details.
The reason why MM avoided prosecution was likely because she was not a participant in the murder, nor in assisting the accuseds cover up the murder and avoid detection. Apparently it is not a criminal offence to know things, hear things, be told things, and not report it/share said information with the police.. I believe it is more of a moral and ethical 'offence', but not one that one can face criminal charges for. MOO.
CN meanwhile, was physically present with DM when he i)took TB's truck hidden inside a trailer to DM's mother's driveway, presumably to avoid being found; ii)went to the farm to move the incinerator to a more secluded location on the site, presumably to avoid being found; and iii)delivered a toolbox which apparently had both a gun, and GSR inside, to a mutual friend of DM and MS, also presumably to avoid being found; and iv)CN's DNA was found on one of the nitrile gloves that LE had confiscated, which glove also had blood on it. Because of her direct participation in all of that, and the Crown's theory that CN knew or ought to have known, that a truck was stolen and a man was murdered, she faces Accessory charges. I believe there is no evidence to suggest that MM was physically involved in any of the cleanup/hiding evidence activities. MOO