Murder trial in death of Tim Bosma begins, accused plead not guilty

HAMILTON – The accused killers of a Hamilton man who disappeared after taking two men out for a test drive of his pickup truck nearly three years ago have pleaded not guilty.

Dellen Millard, of Toronto, and Mark Smich, from Oakville, Ont., are both charged with first-degree murder in Tim Bosma’s death.

Bosma left his home on May 6, 2013 and was never seen alive again – his body was found “burned beyond recognition” more than a week later.

Seven men and seven women were selected to the jury – a process that took a little more than a week.

Justice Andrew Goodman excused one juror, who was replaced with an alternate.

The judge, who told the jury the trial is expected to last four months, gave them a rundown of their responsibilities for almost 45 minutes today in a packed Hamilton courtroom filled mostly with Bosma’s friends and family.

“You are judges of the facts,” Goodman said to the jury. “You are not lawyers and you are not investigators. You must not seek out or do any research of the case.”

Goodman repeated on several occasions that Millard and Smich are presumed innocent and “they start this trial with a clean slate.” The judge told the jury they have to decide the case against each accused individually.

“You do not have to make the same decision for each person,” Goodman said.

Bosma’s wife, Sharlene, said goodbye to her husband around 9:20 p.m. A few days later, she told the media, her husband told her with a smile on his face that he’d be right back. When she hadn’t heard from him after an hour, she called police. By the next morning, a massive manhunt was on.

“I ask and I beg and I plead to whomever has my husband to please let him go,” she said through tears at the news conference.
“It was just a truck, it was just a truck.”

Bosma was 32 years old at the time of his death and left behind a young daughter.

According to police, a man phoned Bosma to arrange a test drive for his black, 2007 Dodge Ram pickup that he had advertised for sale online. That night in May, two men showed up at his house.

The search for Bosma was massive, with more than 150 police officers from several regions in southern Ontario taking part.

Police have said they believe Bosma was killed shortly after he went missing.

Millard, the heir to an aviation business started by his grandfather nearly 50 years ago, was arrested on May 10 and charged with forcible confinement and theft of a vehicle.

Several days later, police found Bosma’s body “burned beyond recognition.”

On May 22, police arrested Mark Smich.

Both men were charged with first-degree murder.

In mid-July 2014, the attorney general’s office approved a direct indictment that sent the case straight to trial on the first-degree murder charge alone against Millard and Smich, skipping the preliminary hearing – a rare legal move in Ontario.

Three Crown attorneys will prosecute the case while Millard and Smich are each represented by two lawyers.