newone
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Suspect #1: Dellen Millard *Charged* 1st Deg Murder 15 May 2013 #1
- Thread starter bessie
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True, also wonder if LE found evidence of DM and MS being in the first test drive truck in Etobicoke?
puppyraiser
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Canada
Murder is defined as:
where the person who causes the death of a human being means to cause his death, or means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
Type of murder: First degree
Nature:
was planned and deliberate
was contracted
was committed against an identified peace officer
while committing or attempting to commit the hijacking of an aircraft
while committing or attempting to commit sexual assault
while committing or attempting to commit sexual assault with a weapon
while committing or attempting to commit aggravated sexual assault
while committing or attempting to commit kidnapping and forcible confinement
during a hostage taking
while committing criminal harassment
was committed during terrorist activity
while using explosives in association with a criminal organization
while committing intimidation
Second degree: any murder which is not first degree murder
It doesn't matter if they planned to murder him or if he died by accident, the murder first degree charges were made because Tim Bosma died during the course of a kidnapping and forcible confinement.
As stated previously, the Crown charged both MR and TLM in the Tori Stafford case and did not have to prove which person actually killed Tori to get convictions. Both were present during the kidnapping and forcible confinement of Tori which led to her death. MR is still claiming his innocence... from a jail cell.
So, based on that argument, if LE can prove it was DM and MS who drove away with TB in the truck that fateful evening then it looks like both might be wearing prison garb for the next 25 yrs.
Murder is defined as:
where the person who causes the death of a human being means to cause his death, or means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
Type of murder: First degree
Nature:
was planned and deliberate
was contracted
was committed against an identified peace officer
while committing or attempting to commit the hijacking of an aircraft
while committing or attempting to commit sexual assault
while committing or attempting to commit sexual assault with a weapon
while committing or attempting to commit aggravated sexual assault
while committing or attempting to commit kidnapping and forcible confinement
during a hostage taking
while committing criminal harassment
was committed during terrorist activity
while using explosives in association with a criminal organization
while committing intimidation
Second degree: any murder which is not first degree murder
It doesn't matter if they planned to murder him or if he died by accident, the murder first degree charges were made because Tim Bosma died during the course of a kidnapping and forcible confinement.
As stated previously, the Crown charged both MR and TLM in the Tori Stafford case and did not have to prove which person actually killed Tori to get convictions. Both were present during the kidnapping and forcible confinement of Tori which led to her death. MR is still claiming his innocence... from a jail cell.
So, based on that argument, if LE can prove it was DM and MS who drove away with TB in the truck that fateful evening then it looks like both might be wearing prison garb for the next 25 yrs.
Yes that is why I enjoy speaking and discussing my views without fear of reprisal. All for one and one for all as they say. Once free speech is gone, what is left but sheer dictatorship, which none of us want I'm sure... JMO/MOO
Personally IMO and only MOO I think the company could well have been being controlled by a third party !!! It happens !! like I said this is just an opinion. BUt why was DM very concerned about certain people draining money from his dad? Someone who knew that others were after the assets by fair means or foul could well want to liquidize in order to prevent them taken the whole lot. Take a look at the Obit...said something about 'when competition was friendly' something was amiss and IMO darker forces were at work.....and possibly still are.
Did they bumble? or was it an innocent meet that turned around at a later point unbeknown to DM? Only one guy hid his face behind a hoodie on a night that was not that cold. Was that a deliberate disguising or was it not...so many questions....
newone
2nd mouse gets the cheese
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BBM
you could be right if there was a silent financial backer who had funded some of the costs and who then wanted 'controlling' interest in the company....ask anyone who's tried to find venture capital as a start up - it's hard to get without a controlling share situation (often). In the case of DM he was well known and may have had backers like major banks etc but you never know maybe he had over-reached and needed private $.
They did not have time to have used these particular methods prior to releasing the information that TB was dead. Such testing takes time. JMO based on research... MOO
People often give too much credit to LE, much of this case in particular has been created by the public. The finding of the truck was by a neighbor, the finding of the body was instigated by farm neighbors, the tattoo info was supposedly given by the guy from previous test drive. Most if not all pics have been scavenged from friends FB profiles. I dont see much detective work here ...maybe in depth forensics once they have been led by the nose to strategic points. Overall they have nothing really... scouring the countryside for remains has come up with nothing except pig bones so we are told. One thing I notice is that DMs pics show him having a wider face at one point and narrower these days.....maybe he lost weight or something....
Thank you for posting these important points of reference, puppyraiser. However, it may be prudent to recognize how very difficult it often is to prove a charge of kidnapping. In this case, we have ample evidence that TB went willingly to his vehicle and, so far as we know, he was not being threatened in any way. (Even in cases where common sense seems to confirm that kidnapping probably took place, it appears to be extremely difficult to prove, especially in the absence of evidence of restraints of any kind found inside the vehicle.) For the charge to stick, not only must the intent to kidnap also be proven, but whether DM and/or MS were even in the vehicle when TB was murdered is entirely speculative at this point IMO. They could, for instance, have unknowingly delivered him into the hands of his waiting murderer in a nearby parking lot and left the scene before TB was killed. Or not. Who knows? LE has not even confirmed when and where the death occurred, nor, I'm quite certain, do they feel the slightest compulsion to do so. MOO. Perhaps "forcible confinement" holds more potential but again there is probably a question of detail. If the charge references forcible confinement because a person is "confined" within a moving vehicle against their will when, in fact, the vehicle is their own and the others in it are there, ostensibly, at the owner's invitation, (AKA "lawful authority") it will be interesting to see how this may be presented as forcible confinement. IMO.
Kidnapping
279. (1) Every person commits an offence who kidnaps a person with intent[/B]
(a) to cause the person to be confined or imprisoned against the person’s will;
(b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
(c) to hold the person for ransom or to service against the person’s will.
Forcible confinement
(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Non-resistance
(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.
R.S., 1985, c. C-46, s. 279; R.S., 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39, s. 147; 1997, c. 18, s. 14; 2008, c. 6, s. 30; 2009, c. 22, s. 12.
http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Kidnapping_and_Unlawful_Confinement
Curiositykitten
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Blomquist, thanks for your reply to me on another thread. It gave me insights into your thought process.
One thing I do agree with you about is how DM's looks change, especially due to his different hair styles. I bleieve you alluded somewhere else, (that I can't find now) that there may be more to this. Would it be possible to explain.
musicaljoke
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Yes, there was at least one witness.
I believe said witness said a guy with a tattoo of ambition in a frame was at his home with a guy in a red hoodie which was up (the hoodie)
However as yet no other proof that this actually occurred or that alleged test drivers were the accused.
For a witness to be truly believable there needs to be another witness to corroborate... ie In the mouths of two or three witnesses the truth shall be revealed. But that doesn't include liars. JMO
not saying first guy is a liar...but we dont have actual proof of what he says being accurate or proving it was DM...
You mean one witness other than the person who provided the description? Is there a link somewhere for that? Thanks in advance.
bessie
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Two eyewitnesses gave descriptions to LE prior to the arrest.
http://www.thespec.com/news-story/2556278-homicide-presser-on-missing-timothy-bosma-at-11/
http://www.torontosun.com/2013/05/10/missing-hamilton-man-tim-bosnas-cell-phone-found-in-brantford
What we don't know is whether both eyewitnesses ID'd DM subsequent to his arrest.
I know exactly who you are talking about..he does resemble him ALOT and I was mistaken also
bessie
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Archangel7
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Not sure about Canadian Judges, but not many I know will do a search warrant everytime nor accept a signed affidavit from LE on 1st degree murder with the affidavit only stating one witness and nothing else as proof for a murder 1 arrest warrant. YMMV tho.
bessie
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Agreed. It's highly likely, IMO, that the eyewitness statements were corroborated through a visual identification of DM after his arrest.
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