HAMILTON — Friends and family members teared up in a Hamilton courtroom Thursday when a prosecutor told the jury that Tim Bosma's death was a long-planned murder and that the two accused killed an innocent man and burned his body "for the thrill of it."
"When you retire to consider your verdict, don't forget about Tim, who is not here to tell you what has happened," Crown prosecutor Tony Leitch said in his closing arguments.
Bosma's widow, Sharlene, held her head low and cried quietly as Leitch led the jury through a mountain of evidence from the trial, which began more than four months ago.
Only three people know what happened on May 6, 2013, when Bosma vanished after taking two men for a test drive in his truck — and one of them is dead, Leitch said.
Dellen Millard and Mark Smich killed the Hamilton father as part of an elaborate plan to steal a Dodge pickup truck, kill its owner and destroy all the evidence by incinerating the body, he said.
It doesn't matter who pulled the trigger, Leitch said, because both of the accused planned to kill Bosma and cover up the crime.
"You may never be able to decide who did what inside the truck where Tim Bosma was shot," Leitch said. "Here is the issue: are you satisfied they were in it together and were knowingly involved in a planned murder?"
Leitch also said the jury shouldn't worry about why the pair did it.
"Sometimes people commit crimes and we just don't know why," Leitch said. "So long as they planned to murder Tim Bosma and the other one helped to carry out the plan, they are both guilty in the eyes of the law."
Millard, 30, of Toronto, and Smich, 28, of Oakville, Ont., have pleaded not guilty to first-degree murder in Bosma's death.
Leitch said Millard was the ringleader, the mastermind, and Smich was his right-hand man.
Millard bought the gun — a Walther PPK — that was used to kill Bosma in February 2012, Leitch said as he showed the jury photos of both accused handling the weapon and texting about it. The gun has never been found, and Smich previously testified that he buried it in a forest in Oakville, Ont., but couldn't remember the exact location.
They were also both involved in plans for the incinerator, which Millard purchased for $23,000, Leitch said, calling it one the final pieces of the puzzle for the co-accused.
There was no evidence the incinerator was ever used for anything besides burning a human body, Leitch told the jury.
The pair continued to hunt for a Dodge Ram 3500 pickup truck — Millard wanted it to haul a large trailer with a Jeep inside that they would use to compete in the Baja off-road race in Mexico that May.
"A motive to kill, a plan to eliminate, a diesel truck their trophy," Leitch said.
They didn't worry about showing their faces to their target, Leitch said, because it didn't matter.
"Dead men don't do photo lineups," Leitch said.
Smich has testified that it was Millard who shot and killed Bosma and burned his body in the incinerator. Millard's lawyer, however, says it was Smich who accidentally shot Bosma in the truck during a botched robbery.
Leitch said both versions "are ridiculous" and both planned the killing and extensive coverup for a long time.
"They killed, stole and burned together," Leitch said.
"Pay attention to the facts. One, they murdered him for his truck, in his truck. Two, they burned and disposed of every piece of evidence they could. They accomplished their mission to kill and burn an innocent man."