Suspect #1: Dellen Millard *Charged* 1st Deg Murder 15 May 2013 #1

[Blomquist]

Not because someone can't but because people haven't. We all know MS sister is in the media but the focus here seems to be DM.

Yes it does doesn't it...

Barely any posts for me to answer in regard to MS.... I think many people have already determined he is a 'criminal' ( I personally would not like to judge him at this point until more information is released.) As for DM everyone wants to keep his feet to the fire...maybe because he has no criminal record, has money and no one has come forward to say he is anything more than a nice polite and humble guy. Maybe its a case of 'society' wanting to bring down the good guy ...not saying he is not in the know at all, in this case....but something is downright odd about everything...including the increasingly derogatory attacks on him/his life in the media etc by people who have presumably never met the guy and who so far has had nothing proven against him.

 

[Kamille]

Yes it does doesn't it...

Barely any posts for me to answer in regard to MS.... I think many people have already determined he is a 'criminal' ( I personally would not like to judge him at this point until more information is released.) As for DM everyone wants to keep his feet to the fire...maybe because he has no criminal record, has money and no one has come forward to say he is anything more than a nice polite and humble guy. Maybe its a case of 'society' wanting to bring down the good guy ...not saying he is not in the know at all, in this case....but something is downright odd about everything...including the increasingly derogatory attacks on him/his life in the media etc by people who have presumably never met the guy and who so far has had nothing proven against him.

This is the DM thread. MS has his own thread. And it's pretty quiet. No one is saying much about him. Even though questions have been asked. Perhaps it is assumed that since he is a petty criminal it stands to reason that he would get himself involved in something like this. DM, on the other hand, is a mystery. I doesn't make sense why someone as affluent as he was would get mixed up in something like this. But it happens. And it appears to have happened in this instance. DM is the more interesting "read" in this situation because of his somewhat "famous" family background, lack of a criminal record and apparent affluence.

I guess that's why his thread is "busier" and why most media stories are about him rather than MS. Nothing odd about that at all IMO.

MOO

 

[Archangel7]

Yes it is funny to me that MS was charged with 1st degree murder but not forcible confinement...when the forcible confinement charge is what led LE to charge DM with 1st degree murder. So does that mean MS is charged with 1st degree murder because he was with DM, or because LE believe that the crime was premeditated now, or...??? I spent some time searching the articles on MS's arrest and it seems LE gAVE no justification for the 1st degree murder charge: they just announced it and that was it

Exactly. I'm trying to read or interpret what evidence the police have based on how the CCC reads and EXACTLY how they were charged.

Here is what the Criminal court proceedings say about counts, severance/joinder when murder is a count.....

Joinder or Severance of Counts

Marginal note:Count for murder

589. No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless
(a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or
(b) the accused signifies consent to the joinder of the counts.
R.S., 1985, c. C-46, s. 589; 1991, c. 4, s. 2.

However, the death/murder during theft/confinement is a stand alone charge. CCC 231(5)(e)279

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-231.html

So if they can place MS in TB's truck they have confinement, won't have to show premeditation and it would be 1st degree murder.
Because they appear (per MSM) to only have him on 1st deg. murder which isn't technically the same as what DM's charged with.

Although, according to the SCC one CAN be found guilty of 1st degree murder even if premeditation can't be proven IF the murder occurred during forceable confinement. http://www.scc-csc.gc.ca/case-dossier/cms-sgd/sum-som-eng.aspx?cas=31970

 

[Blomquist]

Do any of the legal eagles here know what will happen at the hearing on June 13?

Will any evidence be presented?

Will it be quick or take many hours?

Thanks to anyone who can fill me (and maybe other curious ones) in.

Probably will be very quick. The LE will not have provided much disclosure (if any) as they take there time ''putting together'' what they plan to put forth to the Crown.

Doubtful that 'accused' will be there unless its for 'media' purposes.

No evidence will be presented IMO.

If there is to be a bail hearing will prob be scheduled for another day. (Could be on the day but doubtful)

More media stuff but not much of anything is my guess... Lot of smoke and mirrors being the order of the day JMO/MOO /IMO

 

[SnooperDuper]

Yes it does doesn't it...

Barely any posts for me to answer in regard to MS.... I think many people have already determined he is a 'criminal' ( I personally would not like to judge him at this point until more information is released.)

I guess you missed it but MS has been charged and convicted of crimes 5 times, with a 6th charge pending, making him a [petty] criminal:

Mr. Smich has a string of criminal convictions.

He was twice convicted for drug possession, in 2005 and in 2006, twice for failure to comply with a court order, and a conviction for impaired driving in 2009. He has a pending court date after two men spray-painted graffiti on a highway overpass.

http://news.nationalpost.com/2013/05/23/we-will-be-defending-this-case-vigorously-second-accused-in-tim-bosma-murder-case-to-plead-not-guilty/

As for DM everyone wants to keep his feet to the fire...maybe because he has no criminal record, has money and no one has come forward to say he is anything more than a nice polite and humble guy.

He has no criminal record, but knows lawyer DP through a prior case and hangs with a guy with a criminal record. He had money, but the Post points out that he told a Millardair employee the coffers were dwindling, while Millardair was still not operating. DP is the one who is characterizing DM as nice, polite, well bred and humble. The Star article that spoke to his overseas buddy described him as a big spender, always settling the dinner bill and buying jetskis for his buddies, not humble like WM who drove a beat up van and cared little for appearances.

Maybe its a case of 'society' wanting to bring down the good guy

Now that is a massive assumption, that DM is a good guy. Whether you want to paint the guy as all bad or all good, they are both massive assumptions.

...not saying he is not in the know at all, in this case....but something is downright odd about everything...including the increasingly derogatory attacks on him/his life in the media etc by people who have presumably never met the guy and who so far has had nothing proven against him.

Well I think the nastiest article about DM out there is the recent Post article that describes Millardair's failing fortunes. It pretty well answered my suspicions in TB thread 4 page 36. I tried to suggest Millardair was not making any money and DM had no form of income. Then someone pointed out he was renting out a 6-plex...though I doubt something around $6k a month would float his lifestyle if he is picking up the tabs and buying jetskis for his buddies. Keep in mind this article quoted a lot of people who knew DM personally and first hand, worked with him on a daily basis or visited DM and WM's home.

I think MSM is being fair, DM just has a lot of dirt on him. So be it.

 

[Blomquist]

This is the DM thread. MS has his own thread. And it's pretty quiet. No one is saying much about him. Even though questions have been asked. Perhaps it is assumed that since he is a petty criminal it stands to reason that he would get himself involved in something like this. DM, on the other hand, is a mystery. I doesn't make sense why someone as affluent as he was would get mixed up in something like this. But it happens. And it appears to have happened in this instance. DM is the more interesting "read" in this situation because of his somewhat "famous" family background, lack of a criminal record and apparent affluence.

I guess that's why his thread is "busier" and why most media stories are about him rather than MS. Nothing odd about that at all IMO.

MOO

Yes your post seems to reiterate what I said...thank you
We need to wonder if all is not as it 'appears'..... apparitions appear...but were they really there? and what are they ?

 

[Blomquist]

I guess you missed it but MS has been charged and convicted of crimes 5 times, with a 6th charge pending, making him a [petty] criminal:

Mr. Smich has a string of criminal convictions.

He was twice convicted for drug possession, in 2005 and in 2006, twice for failure to comply with a court order, and a conviction for impaired driving in 2009. He has a pending court date after two men spray-painted graffiti on a highway overpass.

http://news.nationalpost.com/2013/05/23/we-will-be-defending-this-case-vigorously-second-accused-in-tim-bosma-murder-case-to-plead-not-guilty/



He has no criminal record, but knows lawyer DP through a prior case and hangs with a guy with a criminal record. He had money, but the Post points out that he told a Millardair employee the coffers were dwindling, while Millardair was still not operating. DP is the one who is characterizing DM as nice, polite, well bred and humble. The Star article that spoke to his overseas buddy described him as a big spender, always settling the dinner bill and buying jetskis for his buddies, not humble like WM who drove a beat up van and cared little for appearances.



Now that is a massive assumption, that DM is a good guy. Whether you want to paint the guy as all bad or all good, they are both massive assumptions.



Well I think the nastiest article about DM out there is the recent Post article that describes Millardair's failing fortunes. It pretty well answered my suspicions in TB thread 4 page 36. I tried to suggest Millardair was not making any money and DM had no form of income. Then someone pointed out he was renting out a 6-plex...though I doubt something around $6k a month would float his lifestyle if he is picking up the tabs and buying jetskis for his buddies. Keep in mind this article quoted a lot of people who knew DM personally and first hand, worked with him on a daily basis or visited DM and WM's home.

I think MSM is being fair, DM just has a lot of dirt on him. So be it.

Thank you for your spin on things.... all comes down to presumption ...

I do think the fact that DM being generous to friends is a rather nice trait and certainly doesn't mean that he isn't humble. Depends on our take on the word 'humble' imo

I think I may take a hop and a jump over to the MS thread...:seeya:

 

[Archangel7]

I'm worried about the Crown's ability to prove the specifics as it relates to the timing of the commencement of forcible confinement in relation to the actual time of the murder.

Depending on when the "confinement" is determined to have begun, it could constitute being part of the murder, as opposed to two separate events of confinement then murder. If a "required significant time lapse" cannot be established, it could be ruled that no confinement took place but was in fact just a component of the murder itself.

from:
http://www.canlii.org/eliisa/highli...uaWVyZS9scmMtMTk4NS1jLWMtNDYuaHRtbCNhcnQyNzkB

From the above, one one hand we have:

Quote:
Preliminary Inquiry

[24] His Honour found no evidence of planning or deliberation to support a charge of first degree murder under s. 231(2) of the Criminal Code. He determined that the facts did not establish confinement under s. 279 of the Criminal Code and that the evidence did not establish the “required significant time lapse” between the assault of TR and Mr. Mason and the murder of the deceased under s. 231(5)(e) of the Code. Mr. Martin was therefore committed to stand trial on second degree murder and not first degree as charged.



On the other we have:

Quote:
[75] The Manitoba Court of Appeal in R. v. Frank, supra, at para. 40 stated:

“There is no necessity that there be evidence of a sustained confinement over an extended period of time to support a finding of guilt on this charge. The trial judge articulated the nature of the confinement in this case, and I find no error by her. Confinement for any period of time, including the appellant’s dragging the complainant back from the ravine to the automobile, is unlawful confinement”. [Emphasis Added]

[76] Durno J. in R. v. Mullings, supra, at para. 40 and 41 stated:

“How long is “significant” cannot be determined by drawing a line in the sand. In R. v. Frank [2000] M.J. No. 528, the Manitoba Court of Appeal held there was no necessity that there be evidence of a sustained confinement over an extended period of time. Rather, confinement for any period of time is unlawful confinement. An example of a significant time period which could not have been long, is found in Kimberley, where the deceased was dragged 27 feet from an elevator to the place where she was murdered. It was of sufficient duration to sustain a finding of a discrete act separate from the murder”. [Emphasis Added]

I think that the fact they took him, or he went with them, and that they had "possession" of him or at least initially, before his death, bodes ill for them, especially given the body and the truck were found.

So they had possession of TB and TB's truck. Where did they relinquish these points of fact back to TB or another? Regardless, if they relinquished them to another, they both(body and truck) still "appeared" on property owned or associated with one of them. A jury won't breath that smoke. IMO.

ETA.....my apologies sillybilly, somehow the case law quotes didn't make it when I quoted you. I believe I now have you quoted accurately. If not PM me and I'll try another repair.

 

[expat cdn]

Yes it does doesn't it...

Barely any posts for me to answer in regard to MS.... I think many people have already determined he is a 'criminal' ( I personally would not like to judge him at this point until more information is released.) As for DM everyone wants to keep his feet to the fire...maybe because he has no criminal record, has money and no one has come forward to say he is anything more than a nice polite and humble guy. Maybe its a case of 'society' wanting to bring down the good guy ...not saying he is not in the know at all, in this case....but something is downright odd about everything...including the increasingly derogatory attacks on him/his life in the media etc by people who have presumably never met the guy and who so far has had nothing proven against him.

"Society wanting to bring down a good guy" I think it's because DM was the last person who Tim Bosma was seen with. Or maybe it's because Tim Bosma's burnt remains were found on DM's property. jmo

 

[Kamille]

Yes your post seems to reiterate what I said...thank you
We need to wonder if all is not as it 'appears'..... apparitions appear...but were they really there? and what are they ?

Well not exactly. I was just stating why it's not odd at all that DM is getting more attention than MS in this case.

Of course it could also be because TB's remains and his truck were found on DM's property. And that he was flagged as the driver on both test drives. And that he owned an incinerator. And that he had a hangar full of stolen vehicles and parts. And that his father recently passed away from an "apparent" suicide. And that he was the last person a missing woman called. Lot's of reasons why he has more things to discuss.

I would suspect that if the remains were found in MS's backyard and the truck in his garage, along with other stolen vehicles and parts, MS would be taking much more flack and DM might actually be getting more of a "duped by MS" kind of press. Although it would still be mostly his "famous" family past and affluence that would be called to attention in the media. Like I said, it's just a more "interesting read". But if that were the case, it might be completely believable that he was a good guy, and a good friend who was in the wrong place at the wrong time when MS decided to car jack a vehicle and kill the driver. As it stands now...not believable at all.

MOO

 

[Emgee]

A general question which may or may not have already been discussed here somewhere, does anyone know why DM's facebook profile is 'searchable' with the information of Oakville, when he in fact did not reside there, but MS did? Curious isn't it?

Just a theory - before it was removed, many of us saw that Dell Millard was listed as the contact for the property at <modsnip> Elmhurst in Oakville that was sold in April of 2012. We don't know how long he had the house for - perhaps he did live here for a time and updated his FB then. It wouldn't be strange not to change it once he moved...I know mine still shows my previous town.

 

[Blomquist]

Just a theory - before it was removed, many of us saw that Dell Millard was listed as the contact for the property at <modsnip> Elmhurst in Oakville that was sold in April of 2012. We don't know how long he had the house for - perhaps he did live here for a time and updated his FB then. It wouldn't be strange not to change it once he moved...I know mine still shows my previous town.

Yes thats true.... Some of my Fb friends still live at Hogwarts !!!!

 

[Mscree]

I think there is way more info out there about DM than Ms plus with the "family legacy" people still have that stereotype of a guy with that kind of funds doesn't typically commit a murder type crime we expect more "white collar" crimes if any. Ms there is barley any info out there about him and with his pretty crime past I think it's more expected JMO.

 

[Blomquist]

Well not exactly. I was just stating why it's not odd at all that DM is getting more attention than MS in this case.

Of course it could also be because TB's remains and his truck were found on DM's property. And that he was flagged as the driver on both test drives. And that he owned an incinerator. And that he had a hangar full of stolen vehicles and parts. And that his father recently passed away from an "apparent" suicide. And that he was the last person a missing woman called. Lot's of reasons why he has more things to discuss.

I would suspect that if the remains were found in MS's backyard and the truck in his garage, along with other stolen vehicles and parts, MS would be taking much more flack and DM might actually be getting more of a "duped by MS" kind of press. Although it would still be mostly his "famous" family past and affluence that would be called to attention in the media. Like I said, it's just a more "interesting read". But if that were the case, it might be completely believable that he was a good guy, and a good friend who was in the wrong place at the wrong time when MS decided to car jack a vehicle and kill the driver. As it stands now...not believable at all.

MOO

Appearances of things can be deceiving, cant they !

 

[canadiangirl]

Yes, almost makes you wonder whether the real DM didnt have a Facebook account....Will the real Slim Shady please stand up !!!

His cousins tagged a false FB account and made comments about DM's gf on a fake? Hmmmm.

 

[Alethea Dice]

His cousins tagged a false FB account and made comments about DM's gf on a fake? Hmmmm.

Maybe I missed something, but how can you see comments from his cousins when all that's showing on his FB is his friends and his likes?

 

[Claroon]

I see what you're saying also. The fact that DM chose not to say anything in the 15 hours or so after being brought in for questioning prior to being arrested and charged is the reason why we are not hearing anything now either. If he had professed his innocence from the get go, or requested his lawyer be present before he professed his innocence and indicated that he had no idea what the heck was going on, then it's possible we'd still be hearing that story from him now via his attorney. Especially if he had still been arrested even after being given the opportunity to have his attorney present during questioning and giving LE a solid alibi. Apparently he has not requested an interview with LE with his attorney present. His attorney has advised him to stay silent and that is what he chooses to do "for the long haul". But it's his choice and his alone. He had every right to say anything he wanted, he just chose not to. He still chooses not to, even in the face of all the negative commentary regarding him in the media and on social media. Although his attorney has made an attempt to discredit some of that.

Looking at the evidence that was found since his interrogation and subsequent arrest, it makes perfect sense why he chose to say nothing at the beginning and continues to maintain his silence. Because he likely knew what evidence was out there that could possibly be found and tied straight back to him. Which indicates that LE have likely arrested at least one correct person in this crime based on the witness accounts, the evidence found and his inability to clear himself with a solid alibi right from the beginning.

MOO

I don't have any clue how the prisons work or how often a lawyer sees his client. I read something that said some lawyers communicate with their client by paperwork and don't go to the jail to meet in person even. So, you say "he continues to maintain his silence", but my question is if he were put in a cell where he sees no human and his food is slipped into a little window and thus has no opportunity to talk to anyone how would he "talk"?

 

[Archangel7]

I don't have any clue how the prisons work or how often a lawyer sees his client. I read something that said some lawyers communicate with their client by paperwork and don't go to the jail to meet in person even. So, you say "he continues to maintain his silence", but my question is if he were put in a cell where he sees no human and his food is slipped into a little window and thus has no opportunity to talk to anyone how would he "talk"?

He would have to ask to see his lawyer. IMO

 

[Sillybilly]

I don't have any clue how the prisons work or how often a lawyer sees his client. I read something that said some lawyers communicate with their client by paperwork and don't go to the jail to meet in person even. So, you say "he continues to maintain his silence", but my question is if he were put in a cell where he sees no human and his food is slipped into a little window and thus has no opportunity to talk to anyone how would he "talk"?

LE would probably have been interrogating him before he asked to call a lawyer. Perhaps not though ... he may have said right out the gate "I want to call a lawyer". (Even then, I think they can continue to interrogate until the cows come home or until the lawyer says "this interview is over").

As for a cell and nobody to talk to, all he has to do is say to a guard "call the detectives ... I'm ready to talk".

 

[canadiangirl]

Maybe I missed something, but how can you see comments from his cousins when all that's showing on his FB is his friends and his likes?

They were on his cousins facebook and stated - with Dee Em. Along with photos tagged with the gf. His cousin's facebook/photos were open in the beginning. I haven't looked for sometime though. This is where most photos of DM came from along with AM's Facebook page.