Laura Babcock: Dellen Millard & Mark Smich charged w/Murder in the First Degree #1

[Alethea Dice]

No they were not. So I guess we can chalk that one up to just planned and deliberate then? And since MS was not charged with either forceable confinement nor theft over $5000 in this murder, I suppose we can consider that while he acted in a planned and deliberate manner to aid in the crime against TB, he was not actually there at the time of the murder?

MOO

Thanks for the clarification. This is Laura's thread so I thought maybe I missed something in her case.

How can MS be charged with 1st degree murder in TB's death if he wasn't actually there? I can see aiding and abetting, or accessory before or after, or even conspiracy to commit murder, but not 1st degree if he was not present during the actual crime.

JMO

 

[Kamille]

Thanks for the clarification. This is Laura's thread so I thought maybe I missed something in her case.

How can MS be charged with 1st degree murder in TB's death if he wasn't actually there? I can see aiding and abetting, or accessory before or after, or even conspiracy to commit murder, but not 1st degree if he was not present during the actual crime.

JMO

I don't know other than he was part of the planned act to steal a truck which resulted in the death of an individual. If he was there, why isn't he also being charged with forceable confinement?

 

[Sphinx]

I don't know other than he was part of the planned act to steal a truck with resulted in the death of an individual. If he was there, why isn't he also being charged with forceable confinement?

Just speculation on my part, but it seems logical that he was driving the Yukon that followed DM and TB in TB's truck. In that case, it could be that DM was alone with TB, when he tried to force him out of the truck, and a struggle ensued, resulting in DM shooting him, or perhaps DM just shot him, and that was part of the plan. In either scenario, maybe they could not charge him with forceable confinement. It also may be the result of a deal he has made with the Crown to testify against DM, and have his sentence reduced. It is the same with CN, IMO, because I doubt she would be out on bail, unless she had some kind of agreement in place that involves her testifying against DM, and receiving a reduced sentence.

 

[Alethea Dice]

Just speculation on my part, but it seems logical that he was driving the Yukon that followed DM and TB in TB's truck. In that case, it could be that DM was alone with TB, when he tried to force him out of the truck, and a struggle ensued, resulting in DM shooting him, or perhaps DM just shot him, and that was part of the plan. In either scenario, maybe they could not charge him with forceable confinement. It also may be the result of a deal he has made with the Crown to testify against DM, and have his sentence reduced. It is the same with CN, IMO, because I doubt she would be out on bail, unless she had some kind of agreement in place that involves her testifying against DM, and receiving a reduced sentence.

If MS made a deal with the Crown for a reduced sentence, why would the pre-trial motions still be going on? I would think one of his hearings would then be a guilty plea, which would be kept secret from the public until the other trial(s).

I have a real problem accepting the suggestion that MS followed in the Yukon simply because of Kavanagh's words that the Yukon followed "as they left" TB's residence. I just don't find it realistic to suggest that he got into TB's truck, then jumped out at the end of the driveway to follow them. The driveway simply wasn't that long and an action like that should have triggered TB that something was not right. There is no reason for a friend to follow on a test drive if the test drive truck is coming back.

JMO

 

[Alethea Dice]

I don't know other than he was part of the planned act to steal a truck which resulted in the death of an individual. If he was there, why isn't he also being charged with forceable confinement?

Maybe he was charged and we just don't know about it. Or maybe one confined him and the other one killed him.

 

[Kamille]

Maybe he was charged and we just don't know about it. Or maybe one confined him and the other one killed him.

Well that would mean that LE knew what happened and who did what on the day MS was arrested and charged. Don't think that was the case since DM refused to speak to LE. I also don't think MS told them anything about his role either since he has pled not guilty.

:waitasec:

 

[cansleuther]

Well that would mean that LE knew what happened and who did what on the day MS was arrested and charged. Don't think that was the case since DM refused to speak to LE. I also don't think MS told them anything about his role either since he has pled not guilty.

Maybe the murder weapon was found in MS's house?

 

[Alethea Dice]

Well that would mean that LE knew what happened and who did what on the day MS was arrested and charged. Don't think that was the case since DM refused to speak to LE. I also don't think MS told them anything about his role either since he has pled not guilty.

:waitasec:

I find they quite often have an idea of what they think may have happened before or soon after the first arrest, whether the accused talks or not, from following the clues that they don't release to the public.

Would it matter if he was charged with both? He's charged with first degree murder which is a life sentence. If chop shop charges don't matter because of the murder charges, why would a confinement charge matter? We already know the confinement charge was first laid because there was no body yet. It stays to support the first degree charges.

JMO

 

[Alethea Dice]

Maybe the murder weapon was found in MS's house?

There's a thought. They did a lot of searching in the area around MS's house too, right after the arrest. They were definitely looking for something.

 

[matou]

The murder weapon that killed Laura, Wayne and Tim? In Smich's house? Oh I see, DM's gf is arrested, MWJ is charged and DM and MS are all charged with Laura's death at the same time. Also, Smich starts communicating with his gf around this time. The newest charges are likely ALL connected with each other. Gun could be a linking factor.

 

[Alethea Dice]

The murder weapon that killed Laura, Wayne and Tim? In Smich's house? Oh I see, DM's gf is arrested, MWJ is charged and DM and MS are all charged with Laura's death at the same time. Also, Smich starts communicating with his gf around this time. The newest charges are likely ALL connected with each other. Gun could be a linking factor.

It has never been announced that the same murder weapon was used to kill all three deceased - only that it was believed to have been used in WM's death.

 

[SnooperDuper]

The murder weapon that killed Laura, Wayne and Tim? In Smich's house? Oh I see, DM's gf is arrested, MWJ is charged and DM and MS are all charged with Laura's death at the same time. Also, Smich starts communicating with his gf around this time. The newest charges are likely ALL connected with each other. Gun could be a linking factor.

I think all the charges came at once because they wrapped up the investigation and laid all remaining charges then. That DM wasn't charged with a breach probably attests to the fact that CN really is his ex-GF (and of course that is not a good thing for DM). I guess MS's GF will support him in court but CN...naw, she is moving on. Remember, there are actually 3 M's charged around that gun.

 

[swedie]

If MS made a deal with the Crown for a reduced sentence, why would the pre-trial motions still be going on? I would think one of his hearings would then be a guilty plea, which would be kept secret from the public until the other trial(s).

I have a real problem accepting the suggestion that MS followed in the Yukon simply because of Kavanagh's words that the Yukon followed "as they left" TB's residence. I just don't find it realistic to suggest that he got into TB's truck, then jumped out at the end of the driveway to follow them. The driveway simply wasn't that long and an action like that should have triggered TB that something was not right. There is no reason for a friend to follow on a test drive if the test drive truck is coming back.

JMO

BBM - Why would he plead guilty if he's not guilty of murder or if he is looking for a reduced sentence? Could it be his lawyer is still wading through all the evidence to show he wasn't involved? If DM was that clever, who knows how well he linked MS to the evidence LE found.

Perhaps MS knew their plan was to steal the truck (maybe even murder) TB but he chickened out asking DM to let him out at the end of the lane. Or did DM changed his mind before pulling away from the Bosma house, didn't want MS sitting in the back behind TB, or decided he didn't want to leave his truck in front of the Bosma's house or anywhere near it as possible evidence, therefore he gave MS his Yukon keys and told MS to follow. Did the three sit in TB's truck in the lane way for a while discussing the truck giving MS more time to think and chicken out? We don't know if MS got an urgent text from someone and he used that as an excuse to get out of Tim's truck at the end of the lane? There are so many probables to what could have happened, which may have excluded MS from the murder. If the surveillance that caught the Yukon following, was the Bosma's or a neighbour, doesn't it make sense when DM pulled out of the lane he would head the same direction the Yukon was parked/facing? So apparently it would appear as though the Yukon was following, and it just may have been. Det. Kav did say in one presser MS might have been the person who got into the Yukon. Yes lots of maybes, may haves, could haves but I wouldn't put blinders on to not come up with other possibilities. After all, DM did say what he has been reading in the MSM doesn't match up with the discovery he has been given so... ALL MOO.

 

[cansleuther]

I guess MS's GF will support him in court but CN...naw, she is moving on.

MS's girlfriend might have moved on too. Six months after her BF was locked up, she was telling MWJ that she missed him and that they needed to make plans.

https://instagram.com/p/fSo2uXI252/

 

[swedie]

Maybe the murder weapon was found in MS's house?

Yes that is a possibility DM planted it there or gave it to MS to hold onto for him. Did DM suggest to MS he sell/give it back to MWJ? :thinking: MOO. Oops guess we're in the wrong thread here.

 

[swedie]

It has never been announced that the same murder weapon was used to kill all three deceased - only that it was believed to have been used in WM's death.

Just because we have not heard, does not mean it's not so. Darn PB! JK. HTH and MOO.

 

[Alethea Dice]

BBM - Why would he plead guilty if he's not guilty of murder or if he is looking for a reduced sentence? Could it be his lawyer is still wading through all the evidence to show he wasn't involved?

Because that's how a plea deal works. You plead guilty to a lesser charge in return for giving evidence. Why would you make the agreement and then take your chances at trial? A deal isn't much of a deal if there's no guarantee that you'll get what you dealt for.

 

[Kamille]

I find they quite often have an idea of what they think may have happened before or soon after the first arrest, whether the accused talks or not, from following the clues that they don't release to the public.

Would it matter if he was charged with both? He's charged with first degree murder which is a life sentence. If chop shop charges don't matter because of the murder charges, why would a confinement charge matter? We already know the confinement charge was first laid because there was no body yet. It stays to support the first degree charges.

JMO

I think you just proved my point of perhaps why no one was charged with confinement in LB's murder. Why would they bother when they have information to go straight to first degree murder charges.

MOO

 

[Alethea Dice]

I think you just proved my point of perhaps why no one was charged with confinement in LB's murder. Why would they bother when they have information to go straight to first degree murder charges.

MOO

I didn't know you had made a point as to why no one was charged with confinement in LB's murder, other than that neither had been so they must have proof that it was planned and deliberate. What you had asked was why MS wasn't charged with confinement in TB's death if he was there.

I don't know other than he was part of the planned act to steal a truck which resulted in the death of an individual. If he was there, why isn't he also being charged with forceable confinement?

Is there a purpose in talking in a circle that doesn't meet at the end? If not, glad I could be of assistance.

 

[swedie]

Because that's how a plea deal works. You plead guilty to a lesser charge in return for giving evidence. Why would you make the agreement and then take your chances at trial? A deal isn't much of a deal if there's no guarantee that you'll get what you dealt for.

The risks of Plea Bargains
Near the top of the list of controversial elements of the Canadian justice system - and possibly the least understood, according to the Department of Justice - is the practise of plea bargaining. Opponents cite a number of flaws in its use. First, innocent people may decide (or be coerced) to confess to crimes they have not committed in exchange for a relatively light sentence, based on the fear of harsher penalties that may be levied if they were convicted in court. Second, victims are often not involved with plea bargains, and may feel the severity of their experience has been undermined by the lighter sentence or downgraded charge offered in exchange for a guilty plea. Third, plea bargaining can be seen as flying in the face of the principles of justice, as by its very nature it prescribes a lighter sentence of charge than the law sets out for a particular crime. And fourth, criminals’ records may not reflect the crimes they have actually committed if they are able to plea down to a lesser charge.

https://www.onlineparty.ca/issue.php?ISSUEID=179