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OPENING

GOOD MORNING

THE TRUCK
For sale by owner.
A 2007 Dodge Power Ram 3500 Diesel 4 x 4
pick-up truck.
170,000 kilometres mostly highway
5.9 litre engine
Extended cab short box
Gray cloth interior
New transmission, new brakes.
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Price $24,000.00
Address: Ancaster, Ontario

This ad was posted by Tim Bosmas wife


Sharlene, and in the ad was contact information
for Tim Bosma, including his phone number.
Sharlene Bosma posted these ads on Kijiji and
Autotrader a week or so before the the events
of May 6th , 2013.

The truck was starting to cost too much in


repairs. They were a young family and, like
many young families, money was tight and the
sale of the truck was necessary.

Six days later on May 12th, 2013, this same


truck, Tim Bosmas truck, was recovered in the
driveway of a residence in Kleinburg, Ontario, a
small town north of Toronto. The truck was
inside a large trailer. The residence was owned
by Dellen Millards mother.

The interior of the truck had been stripped.


Carpets gone. The front seats, gone.

The front seats were found in the same trailer


behind the truck and against the main rear
doors of the trailer. The drivers seat, center
console and passenger seat had no upholstery,
no cushioning, just charred metal. They had
been burned.

Forensic examination of the truck would


take place in the days, weeks and months
following.
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Significant amounts of gunshot residue


were found on the inside of the truck, with
especially high concentrations in the front seat
area, both passenger side ceiling and drivers
side ceiling.

Further forensic examination found the


blood DNA of Tim Bosma on the inside of the
truck in various areas, including the inside rear
passenger door; rear passenger armrest;
around the glove box; and front passenger
cup holder (front or rear?).
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Tim Bosmas blood was also found in


various areas on the undercarriage of the
truck.

The front passenger side window was


shattered.

The police also recovered a spent 380 gun


cartridge casing inside the truck.

Mr. Millards fingerprints were later found by


police forensic officers on both the exterior and
interior of the truck.

When Mr. Millard was arrested the police found


in his vehicle the keys to Tim Bosmas truck.

THE ELIMINATOR

On May 11th , the day before the police


recovered Tim Bosmas truck in the driveway of
Dellen Millards mothers residence (May 12th),
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the police searched a farm property owned by


Dellen Millard in Ayr, Ontario, just outside
Cambridge.

While police were executing the search warrant


they located a cremation device, the
Eliminator.

The Eliminator is designed and


manufactured in the U.S.A. by a company in
Georgia and the device is used to , among
other things, incinerate farm animal
carcasses large and small. The model of the
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Eliminator the police located on the accused`s


property was large enough for humans to fit
inside.

It was found by police in a stand of trees on the


Millard farm property, away from the farm
buildings, and not easily visible.

The day before his arrest on May 10th, Dellen


Millard moved the Eliminator from the barn on
his property out to the area where police found
it. Mr. Millard did this while it was dark, late at

night, and with the assistance of his


girlfriend.

When the police first saw the Eliminator,


they were struck by its size, the location of it in
the trees and the descriptors for the device
which were on a metal plate attached to the unit
The Eliminator Small and Large Animal
Cremators. The police had not seen anything
like it before.

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Tim Bosma was still missing at this point and


Dellen Millard had been arrested the day before
for the theft of Tim Bosmas truck and his
forcible confinement, or abduction.

The police were still concerned about the


well-being of Tim Bosma and his
whereabouts.

Police looked inside the Eliminator and it


appeared to have been cleaned out, but in
looking straight down into the main vault area,
the Forensic Identification Officer saw what
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looked like bones. She did not know if they


were human or animal. This officer took the
bone(s) out of the Eliminator, photographed
them and contacted a Forensic Anthropologist
at the University of Toronto who police knew
from previous cases.

As it was a missing person investigation,


police wanted an immediate opinion on
whether the bones were human.

The preliminary opinion given by the Forensic


Anthropologist was they were human bones
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and the following morning a Sunday this


expert attended the police station, examined
the bones and confirmed her initial opinion that
they were human bones.

In the following days, this Forensic


Anthropologist and a police Forensic
Identification Officer attended the farm and
removed, examined and analyzed the
remains in the Eliminator.

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The opinion of the expert was that inside the


vault area was cremated adult human
remains of one individual.

58 bone fragments, 2 virtually complete bones


and one tooth were recovered from inside the
vault. 17 of these bone fragments and 2
complete bones were definitely human the
tooth appeared human. The remaining 41 bone
fragments exhibited characteristics of human
bone.
It was her opinion that person was likely
male and under 40 years old.
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Further forensic examination of the


Eliminator found blood on the main hatch area
of the vault. It was Tim Bosmas blood.

Dellen Millard and Mark Smich were friends,


but they did not know Tim Bosma and Tim
Bosma did not know either of them. The
random coming together of their different
worlds would occur on May 6th, 2013, the
day Tim Bosma was murdered.

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The Crown intends to prove that on this date


in the late evening hours, Tim Bosma was
killed in his truck, shot by the two accused
at close range, while on a test drive with his
truck; his body then incinerated hours later
by the two accused.

Tim Bosma was 32 years old, married to


Sharlene and a young father. He worked fulltime in his own business, installing heating and
air conditioning systems. He had had no police
involvement.

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At the time of the arrest of Dellen Millard for


first degree murder the police were focussed on
Mark Smich as the second person involved
and his arrest on the same charge would
happen a week or so later.( May 22)

In order to understand the


disappearance of Tim Bosma on May 6th,
2013 and his murder, it is important to
understand the events in the days
immediately before. The weekend of
Saturday, May 4 and Sunday, May 5th.

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On Saturday, May 4th, Tim Bosma was


phoned by a person the Crown intends to prove
was Dellen Millard. They spoke for a few
minutes and arrangements were made for Mr.
Millard to come see the truck on Monday
evening, May 6th.

On the Sunday, Tim Bosma washed and


waxed the truck in anticipation of the possible
sale of his truck on Monday night.

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Tim Bosma worked Monday and arrived


home around 5:30 p.m. Sharlene described
him as upset because he had not heard from
the guy that day and he was uncertain if the guy
was still coming. Tim, in the morning that day,
sent a text to the same number that called him.

Good morning. Its Tim. Im working


in Hamilton today if you want to meet or do
you still want to meet at my house tonight
for 7 pm? The text went unanswered.

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Shortly after, expressing his frustration to


Sharlene, and just after 7:00 p.m., Tim Bosma
did receive a phone call from Mr. Millard, who
told Tim he was coming from Toronto and he
would be about an hour.

It is not apparent that in his dealings with


Tim Bosma the caller provided his name,
nonetheless the Crown intends to prove the
identity of the caller as Dellen Millard.

Mr. Millard called Tim Bosma a second time


as he was arriving in Ancaster just after 9:00
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p.m.. At this time, the two accused Dellen


Millard and the person the Crown intends to
prove was Mark Smich walked up the
driveway of the Bosmas residence on Trinity
Road on the outskirts of Ancaster.

Sharlene saw both her husband Tim and the


taller of the two, Mr. Millard, on their cell
phones. She saw that they hung up their cell
phones at the same time. She took from this
they had been speaking to each other.

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Tim Bosma told the two men, Mr. Millard


and Mr. Smich, they could have parked in the
driveway, but Mr. Millard told Tim ,no, they had
got a ride from a friend who had dropped
them off and the friend had gone to Tim
Hortons.

They shook hands, walked around the truck


for a brief inspection and then the three of them
got in the truck for a test drive. Dellen Millard
driving; Tim Bosma in the front passenger seat;
and Mark Smich got in the back seat.

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Tim said to Sharlene they were going for a


test drive and they would be back soon. They
turned left out of the driveway onto Trinity Road
heading north.

Tim Bosma was never seen or heard


from again.

When Tim Bosma had not returned as he


said he would, Sharlene tried his phone
repeatedly and each time it went straight to
voicemail. She also sent a text message
asking quote Where are you. All of these
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attempts to contact him went unanswered.


Sharlene called family and friends for help and,
then, the Hamilton Police.

As a result of the missing person


investigation which began on May 7th
immediately after Tims disappearance, the
police identified three other men who had
advertised similar trucks for sale on the Kijiji
website and in Autotrader online.
These men were interviewed by police as
the same phone number that called Tim Bosma

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on the Saturday had called these men around


the same time. These three men were also
selling diesel engine Dodge trucks.
The male caller, who made inquiries of two
of these men about their Dodge trucks,
identified himself to them as a name that
sounded to them at the time as either Evan,
Ewan or Avan.
On Sunday, May 5, 2013, the day before
Tim Bosmas murder, one of these men went for
a test drive with two males the Crown intends

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to prove were Mr. Millard and Mr. Smich , in


his 2010 Dodge Ram 2500 diesel truck.
The seller told police that the one male, who
did all the talking and test drove the truck, was:
male white, 64, medium build, 90 kgs, light
brown short hair like a flat top, clean
shaven, 27 to 32 years of age, a tattoo of the
word Ambition on his wrist where a watch
would be worn, and other unidentified
tattoos. He was wearing light blue jeans,
orange t-shirt and carrying an Indiana
Jones style satchel bag. This male said his

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name was either Ewan or Evan. This was Mr.


Millard. His middle name is Evan.
The second male sat in the rear seat of the
truck. The seller did not have much to say or do
with this person. The Crown intends to prove
that this person was Mr. Smich.
After the test drive, Mr. Millard told the seller
that they were looking at two other trucks, but
they would call him back Monday night, May 6.
This man never heard back from either
accused.

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Hamilton Police did further investigation on


the Ambition tattoo and they received
information from two different sources in Peel
and Toronto, that a Dellen Evan Millard DOB
1985/08/30 had an Ambition tattoo. This was
considered by police to be a significant lead.

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Through cell phone records the Crown


intends to prove both accused were using their
cell phones in the area of this mans residence,
the other seller of the Dodge Diesel truck, in
North Toronto in this time period on that day.

Also , cell phone records of both accused


show them travelling from the Greater Toronto
Area, through Oakville, to just outside the home
of Tim Bosma on May 6, 2013. Both of their
cell phones pinged off cell towers in close
proximity to the Bosma home, immediately
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before Tim Bosma met the two accused. These


phones were turned off immediately after the
abduction, a short distance outside the area of
the Bosma home, while Tim Bosma was in the
truck with Mr. Millard and Mr. Smich.

Within a few hours of Tim Bosmas


abduction, shortly after midnight on May 7th,
images captured by a neighbouring businesss
video surveillance system at the Millardair ( the
family business Mr. Millard worked in) Hangar
at Waterloo Regional Airport shows what the
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Crown intends to prove was Tim Bosmas


truck towing the Eliminator up to the hangar and
parking outside. The truck and Eliminator were
followed closely by a vehicle similar to a GMC
Yukon, a vehicle the Crown intends to prove
was owned by Mr. Millard on the night in
question.

This same video system also shows


images of the Eliminator being ignited outside
the hangar door.

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This, the Crown says, was the


incineration phase of the death of Tim
Bosma which took place over several hours
in the early morning hours of May 7th.

A forensic video analyst will give evidence in


this trial about his analysis of this video and
several other relevant videos from various
locations, dates and times.

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THE POC AFTERMATH


Mr. Millard sent a message to his
employees early Tuesday morning May 7 early
telling them not to come to work at all that day
as there were quote airport politics no one
goes to the hangar today, not even just to
grab something. End quote. When the
employees returned to work the following day
(Wednesday, May 8) an employee saw a black
pick-up truck in the hangar that he believed
could have been Tim Bosmas. He just had a
feeling. This employee was aware of the

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missing person investigation from the news. He


took photos of the truck, including the VIN
(vehicle identification number), using his cell
phone and later called Crimestoppers. By this
point, the search for Tim Bosma as a missing
person was widely-reported and receiving
extensive public attention. The truck he saw
in the hangar with the VIN he obtained was
Tim Bosmas truck. This was confirmed by
Brantford Police who acted on the
Crimestopper tip.

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Also on this day, May 7, 2013, Mr. Millard


told his roommate that they had stolen a truck
on May 6, the day before. This roommate
already knew that Mr. Millard and Mr. Smich
planned to steal a truck of this kind. The
Accused had told him this plan on the weekend.

Mr. Smich told his girlfriend that Mr. Millard


stole the truck and that he (Mr. Smich) was
there. Mr. Smich also said that the man they
stole the truck from , who the Crown says was
Tim Bosma, was quote gone gone gone.
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Mr. Smichs girlfriend told police of the two


accused looking for a truck to steal and talking
about this a few days before the murder. She
also told police she remembered Mr. Millard
picked up Mr. Smich on May 6, 2013 which
would have been before they made their way to
Ancaster to see Tim Bosmas truck.
Within days of the murder, Mr. Millard
contacted a person he knew from past dealings
who owned an auto body shop. Mr. Millard
intended to paint Tim Bosmas truck. Mr. Millard
also instructed his mechanic/employee to

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remove the decals and other identifiers from the


truck in preparation for the makeover.

Mr. Millard contacted a friend on May 9,


2013, the night before his arrest and made
arrangements to drop off a locked tool box for
him to hold on to. Mr. Millard did this around
4:00 a.m. with his girlfriend.

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After the arrest of Mr. Millard, Mr. Smich


obtained possession of the toolbox from mutual
friends of the two Accused. Mr. Smich was
aware of the arrest of Mr. Millard and he took
steps to gain control and possession of the
locked toolbox.
The toolbox in question was seized in the
home of Mr. Smich upon his arrest on May 22,
2013. Forensic examination of the toolbox
found gunshot residue on the interior.
There was no gun in the toolbox because Mr.

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Smich had already taken steps to dispose of


it.

Mr. Smichs girlfriend told police that Mr.


Smich told her that he had the gun, but that he
got rid of the gun by burying it in the forest. Mr.
Smich was not more specific than that with her.
Before burying the gun, Mr. Smich tried to
sell the gun through a friend. He was
unsuccessful.

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Mr. Millards girlfriend will testify in this


trial.
She is currently charged with Accessory
After the Fact to Murder for her role in events
after the murder of Tim Bosma. Her trial on this
charge is pending. In her statement to police
she said, among other things, she was with Mr.
Millard when he towed the trailer and truck to
Mr. Millards mothers in Kleinburg on May 9th;
she was with Mr. Millard when they moved the
Eliminator into the stand of trees that same
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night after dropping off the truck and trailer at


Mr. Millards mothers; and she said she was
with Mr. Millard when he took the locked tool
box to his friends house in the early morning
hours of May 10th.

After Mr. Millards girlfriend was charged for


her role, police executed a search warrant on
her residence in Toronto and seized from her
bedroom several letters that were written to
her by Mr. Millard over a period of many
months while he was in jail after his arrest.
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These letters varied in terms of content, but one


theme of many letters was Mr. Millard wanting a
key Crown witness to change his evidence. His
girlfriend was asked to reach out to this person
to get him to change his evidence.
This was a person Mr. Millard considered a
friend and someone who he believed could be
convinced to change the his statement to
police. This was to assist Mr. Millard as he
considered what this person knew about the
plan to steal the truck as damning and
incriminating information.

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For example, in one such letter to his


girlfriend Mr. Millard wrote the following: If he
knew his words were going to get me a life
sentence , he would want to change them.
Show him how he can, and he will change
them
Despite Mr. Millards written direction at the
end of many of these letters to destroy these
letters, they were still in the girlfriends
bedroom in April , 2014, when she was arrested
for her involvement which was almost 1 year
after the murder and the arrest of Mr. Millard.

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In the search of Mr. Millards girlfriend`s


residence, police also seized from her bedroom
a DVR- digital video recorder that Mr. Millard
had taken from the airport hangar and given to
his girlfriend to hold on to , apparently without
explanation. He gave this to her on May 9th
when he picked her up while en route to
Kleinburg to drop the trailer with Tim Bosma`s
truck in it at his mother`s place.
The police examined the contents of the
video and the Crown intends to prove that
Dellen Millard and Mark Smich are in the

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hangar on May 7th at around 1:30 am during


the time the Crown says the remains of Tim
Bosma were being incinerated in the Eliminator,
just outside the hangar doors.
Conclusion
The outline I have provided to you is just
that. It is not evidence in this case until a
witness makes it evidence. It is what the Crown
anticipates the evidence will be based mainly
on witness statements and the preparation of
witnesses for trial.

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Despite this, witnesses may in fact testify


differently than what has been outlined to you.
If this happens, you are only to consider what
the witness tells you in this case in this trial.
You will have to disregard what I have said if it
is not consistent with the evidence of a witness.

You have heard information about this case


for the first time of what witnesses saw and
heard, and what they did regarding this
investigation as civilians, police or experts. It is
not expected that this picture is absolutely clear
to you now. The outline in this opening is
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merely to assist your initial understanding of the


events surrounding the murder of Tim Bosma.

Fortunately, the testimony of all the


witnesses, civilians, police and experts, in this
case will proceed at a pace which will allow you
to fully consider the witness testimony. It will
allow you to decide the involvement of the two
accused and whether or not they are guilty as
charged for the First Degree Murder of Tim
Bosma.
Thank you.

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The Crown calls as it`s first witness


Sharlene Bosma.

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