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.
Since the driver obviously knew that something was going to happen, surely there is still some kind of accessory charge that would apply. Maybe not to the murder, but to even the theft part of the crime.
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.
In SB's original description, she indicated that DM was wearing a long sleeved orange shirt. There was nothing in her description about tattoos. It was the other test drive guy who added the tattoos to the description. Here is the original description as reported:
Bosma’s wife saw the two men when they arrived at the house, police said.
The first is described as roughly 6 foot, one inch and 170-180 pounds. He had medium short brown hair. He was wearing blue jeans and a long-sleeved orange shirt with running shoes.
The second is around five foot, nine inches with a small to medium build. He had dark hair and had a red hooded sweatshirt pulled over his head. Both were white, and looked to be in their mid 20s.
http://www.thestar.com/news/gta/2013/05/08/homicide_investigating_disappearance_of_timothy_bosma_after_meeting_potential_buyers_of_his_truck.html#
If the original intent was only to steal a truck, it doesn't surprise me that it would take a half hour for whatever happened to happen.
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.
Yes, if most of the evidence is forensic, those witnesses would not need to testify at a preliminary hearing and I can see they might perhaps request the direct indictment. However, I don't believe
all witness are called at a preliminary hearing and even forensic experts can have differing opinions on the results.
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.
MS should be able to afford the rent. He never pays any.
JK
In any event, we have no idea if a gun was even used at this point.
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.
It's doubtful they have WM's brain in a jar. Maybe some tissue, but not his brain. And if they do, his family knows that.
Nowadays, organs are rarely held back -- and then only with the permission of the chief forensic pathologist -- given advances in medical pathology that require only tiny or microscopic pieces of an organ to be retained.
In addition, since June 2010, relatives have been told if organs are kept for further study.
http://www.cbc.ca/news/canada/ottawa/ontario-apologizes-for-holding-autopsy-organs-1.1199715
Not all of us would agree that the obituary was sarcastic.
There's nothing sinister in a cremation. Millions of people choose that as their preference, rather than the old tradition of burial.
I believe DP's comment has been taken a little out of context. Without finding the video, if I recall correctly, the reporter had commented that DM's life had seemed to take a turn for the worse after his father's death. DP was simply saying that it hadn't affected him emotionally to the extent where he fell apart and could no longer handle anything and turned to a different lifestyle.
I'd still be very interested to know why LE never determined that the gun was illegal when they initially investigated WM's death. If that illegal gun was the one that was used, then LE missed some major checks in their original investigation. You would think that would be one of the first things on the list - the registration of the gun and a comparison of the bullet to the gun used.
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.
Both who were mentioned in regards to the drugs - LB and CN?
We can see that she called him on each of the last three days anyway. No idea of the frequencies before that.
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.
It's not unusual for young people to have lines from songs tattooed on their body. Do a Google image search and you'll see many have a tattoo of this very same song. His attitude towards women? A thinker who manipulates, not a thinker? The song is about being cheated on and telling the world what the ex-lover did. It may be about revenge and covering up the hurt, but I don't see manipulation in there. It does make you wonder why that particular song though. I suppose if that happened in real life, one in his position could feel that the person who did it was just a gold digger.
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.
He was afraid she would report his drug parties and he would go to jail for them? It looks to me like he was the buyer, not the seller. So I guess they would have to raid one of his parties for this to be a threat. Am I missing something here?
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".
I believe there are a lot of people who do not disclose suicide of a family member to anyone other than their close circle of family and friends, just as MSM doesn't generally report suicides. It is a private issue and people deal with it differently and depending on the circumstances around it.
(From the song - "And keeping quiet is hard. Cause you cant keep a secret If it never was a secret to start. At least pretend you didn't wanna get caught."
The lover couldn't keep it a secret because everyone else knew what was going on. And because of that, he felt she wanted to get caught and that she could have at least kept it quiet to pretend she didn't want to get caught.)
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.
Interesting theory about the blackmail. I'm not really sure about who wanted the truck though. DM already had one and MS couldn't even "afford the rent".
JMO
