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Tim Bosma trial: Mark Smich wrote rap lyrics about killing people

Accused killer Mark Smich wrote rap lyrics about killing people and running from the police, the jury heard Tuesday at the trial of two men accused of killing Hamilton man Tim Bosma.

WARNING: Story and blog contain graphic language which may be offensive to some readers

Video of accused killer Mark Smich rapping was shown in court Tuesday at the trial of two men accused of killing Hamilton man Tim Bosma. 0:32

Accused killer Mark Smich wrote rap lyrics about killing people and running from the police, the jury heard Tuesday at the trial of two men accused of killing Hamilton man Tim Bosma.

Co-accused Dellen Millard's lawyer, Nadir Sachak, continued his cross-examination, and displayed some of Smich's lyrics for the jury to see.

"Get slapped with my gun hand muthaphuka! Leave you dead, with some contraband muthaphuka!" Smich wrote.

"My 380 is NO stranger, when Im angered you're in danger."

"You know what the word slapped means on the street?" Sachak said. "You know for a fact that slapped is street slang for murder and kill."

Smich said no, and maintained that his lyrics were just an artistic expression.

"It's rhyme sir," Smich said. "It has nothing to do with reality."

Smich, 28, of Oakville, Ont., and Millard, 30, of Toronto, have both pleaded not guilty to first-degree murder.​

Sachak didn't relent, and spent the entire morning hammering Smich about his lyrics.

"Peace bitch, you're deceased, bitch," Sachak said, quoting a video of a shirtless Smich freestyle rapping that was shown in court.

"Is that what you thought when you killed Mr. Bosma?" Sachak said.

"I was not even in the vehicle when Dellen Millard shot Mr. Bosma," Smich responded.

Smich says Millard killed Bosma

The exchange between witness and lawyer became tense at times, with Sachak booming and pounding on the lectern at points, and Smich taking little digs at the defence lawyer.

"Well it's not like Give Peace a Chance, is it?" Sachak asked at one point. "I'm sorry, is that a rap song?" Smich replied, deadpan.

Bosma vanished on May 6, 2013, after taking two strangers on a test drive in a pickup truck he was trying to sell. ​Investigators later found charred human remains, believed to belong to Bosma, in a livestock incinerator on Millard's farm in Ayr, Ont. 

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Last week, Smich told the jury his version of Bosma's last few hours, saying Millard pulled the trigger and killed Bosma. He said he buried the gun in a panic after Millard was arrested, but can't remember where. He also said he did not help Millard put Bosma's body in a livestock incinerator, giving Millard the excuse that he had a sore shoulder.

Smich previously testified that Bosma and Millard were in Bosma's truck and he was following behind in Millard's Yukon. Millard was driving the pickup and pulled over to the side of the road at one point. Smich said he got our of the Yukon and saw Millard exit the pickup putting something that appeared to be a gun in a satchel.

"He [Millard] just said, 'I'm taking the truck,' and goes and grabs some stuff from the back. When I got out, I walked around, and I seen a bullet hole in the window and Mr. Bosma laying with his head against the dashboard," Smich told the court.

Payment for truck theft?

On Tuesday, for the first time, Smich's payment for participating in the theft of a truck was discussed in court. Smich testified Millard gave him a few hundred dollars for work he had done prior to May 6, and then Millard have him around two ounces of marijuana after Bosma's death.

Smich said he was owed more money, but didn't get it.

Tim Bosma, 32, vanished in May 2013, after taking two strangers on a test drive of a pickup truck he was trying to sell. (Facebook)

"Why don't you tell the truth, you messed up Dell's plan to steal a Dodge 3500 when you put a bullet in Mr. Bosma's head ... that's why you didn't get paid," Sachak boomed in court. Smich said no, that's not the truth.

"Why accept the weed of a killer if you're so scared of him?" Sachak said.

"Is it magical weed from a magical forest?" he later said, marking the third time he has referenced a "magical forest" in his cross-examination.

"That's how he would pay me sometimes sir," Smich said.

Sachak suggested the deal was Smich would receive a Cadillac that Millard owned that Smich revered for participating in the truck theft. "You were going to get that Caddy once you helped Dell steal a truck, right?" Sachak said. "No, that wasn't it," Smich answered.

Millard beat his dog, court hears

In the court's afternoon session, Sachak asked Smich if Millard ever threatened or assaulted him. Smich said no, but told the jury that Millard did "assault" his dog if he "pooped or peed" in Millard's bed. That elicited murmuring in the courtroom, and Sachak quickly moved on.

Dellen Millard after he was arrested on May 11, 2013. He is charged with first-degree murder in the death of Hamilton's Tim Bosma. (Hamilton Police Service/Court exhibit)

Millard's lawyer then peppered Smich with an array of other questions. He asked the accused about his shoulder injury, which Smich previously testified was acting up around the time of Bosma's death.

Sachak highlighted all of the construction and painting work Smich did for Millard. "You did all of this work in spite of your shoulder," Sachak said. "I didn't do anything that would affect my shoulder," Smich said.

Sachak then said that the gun Smich held in a photo introduced earlier in the trial is "lighter than a jackhammer." Smich agreed and said, "Dell's gun is not that heavy."

​Sachak also hammered home that there was a plan for Millard and Smich to steal a truck. The intention was to steal a truck similar to Millard's, paint it red like his, and then swap the VIN numbers and licence plates on the two vehicles.

As the court's afternoon session dragged on and Sachak kept asking similar questions, his cross-examination clearly took a toll on the courtroom. Many people were restless and shifting in their seats, with even Justice Andrew Goodman taking his glasses off and rubbing his temples during one especially lengthy exchange. 

CBC reporter Adam Carter is in court each day reporting live on the trial. You can view a recap of his live blog here. On mobile? View the live blog here.

adam.carter@cbc.ca

About the Author

Adam Carter

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Adam Carter is a Newfoundlander who now calls Toronto home. He enjoys a good story and playing loud music. You can follow him on Twitter @AdamCarterCBC or drop him an email at adam.carter@cbc.ca.