Editor's note: The following story contains graphic descriptions which may be disturbing to some readers.
The prosecution contends Dyrrin Daley should be convicted of first-degree murder, accusing him of trapping a Barrie teenager and killing him as his father lay dying nearby from dozens of stab wounds.
“Mr. Daley dominated Nickolas. … He exploited the power he had over him and killed him,” Crown attorney Kristin Smyth told the court on the final day of the double-murder trial on Friday. “Daley killed Nickolas and he killed James.
“He was in no way acting in self-defence in this unrelenting attack," the Crown added.
For the past five weeks, Daley, 28, has been standing trial on charges of first- and second-degree murder in connection to the deaths of 19-year-old Nickolas Pasowisty and James Pasowisty, 51. The father and son were killed in their Barrie apartment Feb. 8, 2017. They died from multiple stab wounds.
Court has heard that the elder Pasowisty was supplementing his disability income with marijuana sales and Daley was a customer.
Daley knew the Pasowistys as a child when James had a relationship with Daley’s mom and they all lived together for about six months.
Daley, who previously testified in his own defence, said he went to the Pasowistys' apartment in the city's Allandale neighbourhood after going to Georgian Downs and then a nightclub in search of marijuana. He said after awakening Nickolas with his knocking at the door, the two young men were having a civil discussion in the teenager’s bedroom when James appeared demanding money and an argument ensued.
Daley said he was jumped, attacked by the two men and extracted his pocket knife to defend himself. The two men suffered a combined 73 stab wounds, while Daley sliced his hand with his own knife.
The Crown contends that Daley was the aggressor, striking out at the two men and preventing Nickolas from escaping.
“He came armed and attacked two unarmed men… in a truly heinous and hateful manner,” said Smyth.
“I strongly urge your honour to hold Daley to account,” Smyth said to Justice Vanessa Christie.
Daley has told the court that he showed up at the Pasowistys’ apartment early that February morning with a duffel bag carrying a flashlight, a pellet gun and a baton intending to buy marijuana and possibly make a trade for the items.
But, he testified, the two ganged up on him and blocked his way to the exit and he struck out in a “blacked out” fury with his pocket knife.
In reply to the Crown’s closing statements, defence lawyer James Harbic said exactly how the events unfolded in the apartment remains unclear, even after the testimony of a blood-spatter expert.
“He was not willing to give an opinion. He refused to do so. He could not say what happened" at the William Street apartment, Harbic said.
Harbic said the expert also indicated there was nothing in the blood pattern evidence to refute self-defence.
The court will return Aug. 30 for Justice Christie’s verdict.
