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An accused murderer’s account that two men he said attacked him simply walked away after he struck out in a frenzy with his pocket knife “defies belief," a Crown lawyer told the court Thursday.
“It doesn’t make sense,” Ray Williams said repeatedly during his final submissions as he recalled portions of Dyrrin Daley’s testimony. “It’s an evolving story of untruths, omissions and lies.”
Daley is standing trial on charges of first- and second-degree murder in the 2017 deaths of 19-year-old Nickolas Pasowisty and 51-year-old James Pasowisty. The father and son were found dead inside their second-floor Allandale apartment after police received two silent 911 calls early Feb. 8, 2017. They had both died from multiple stab wounds.
Daley has maintained he acted in self-defence.
Last week, Daley took the witness stand in his own defence in the trial, which started May 11, and said he went to the Pasowisty apartment early that morning to buy marijuana or make a trade, bringing along a duffel bag with a pellet gun, a baton and a flashlight.
Williams challenged Daley’s testimony that Nickolas answered the door and invited him in, describing it as rehearsed. An earlier witness, the prosecutor said Thursday, testified the door remained unlocked hours earlier, would have allowed Daley to walk right in.
And that Daley then went into the teenager’s bedroom where the two went through the duffel bag to work out a deal also didn’t make sense, said the prosecutor, adding James was the one who did the dealing and his son simply acted as the runner.
Williams also dismissed Daley’s account that James then showed up in the bedroom where the father and son then attacked him. Daley, the prosecutor said, was the assailant.
“How the Pasowitstys met Daley in their home remains a mystery, but the results were tragic,” said Williams. “These were two unarmed, unprepared men who were wiped out.”
Presenting photos of the two victims, Williams reviewed their injuries: 35 sharp-force injuries on Nickolas’ body and 38 on James. One photo he said was telling was of Nickolas’ bruised left arm, suggesting he shielded off advances of aggression.
“If Nickolas is the assailant, he’s an assailant like no other,” said Williams.
The stabbing injuries were so severe that James is believed to have died within minutes and Nickolas, with a partially severed Achilles tendon, was not likely able to walk. Yet, other than a slice to his finger from his own knife, Williams said Daley was “remarkably” free of any injury.
In presenting the Crown’s theory, Kristin Smyth said Daley went into the Pasowisty apartment using his flashlight to steal marijuana and was met by James, who Daley attacked in the kitchen area.
James never went into Nickolas’ bedroom as Daley had testified, she said, adding no blood belonging to James was found there.
Nickolas was then awoken, according to the Crown’s theory, and he came out of his bedroom to be confronted by Daley and was stabbed.
Smyth said the evidence shows Nickolas tried to get away from Daley three times — at the staircase, into his bedroom and onto the balcony — but Daley thwarted his efforts and killed him.
“He’s unarmed. He’s completely vulnerable,” she said. “He’s trapped.”
At some point, she said, Nickolas got James’ cellphone and called 911, but was unable to communicate.
“Daley stabbed him in the throat,” Smyth said. “He couldn’t make a sound.”
The Crown will finish its presentation Friday.
Justice Vanessa Christie invited defence lawyer James Harbic to then make further submissions.
