Tim Bosma trial: Mark Smich says he can't remember where he buried gun

Accused killer Mark Smich says he can’t remember where he buried a gun that he believes was used to kill Hamilton man Tim Bosma.

'When I received the gun, I thought that Dell was trying to frame me,' accused tells jury

Mark Smich, co-accused in the Tim Bosma trial, is seen here in this police surveillance photo from before he was arrested. (Court exhibit)

Accused killer Mark Smich says he can't remember where he buried a gun that he believes was used to kill Hamilton man Tim Bosma.

Yesterday, Smich told the jury that his co-accused, Dellen Millard, shot Bosma inside the truck the 32-year-old was trying to sell. He said he wasn't inside the Dodge truck at the time — he was following behind in a Yukon owned by Millard that the pair had driven to Bosma's home.

Smich was back in the witness box in Superior Court in Hamilton today and testified he came into possession of the gun through Millard's former roommate, Andrew Michalski, who passed along drugs and a toolbox containing the gun after Millard was arrested on May 10, 2013.

Michalski testified earlier in the trial that Smich asked him for the drugs from Millard's home and the toolbox, which Millard had given another friend, Matt Hagerman, before his arrest.

"He wanted whatever I had and Hagerman had brought to him," Michalski said.

But Smich testified today that he was surprised to find a gun in the toolbox.

"Did you have any idea Michalski was bringing you a gun?" his lawyer, Thomas Dungey, asked. "No, no idea," Smich said. "I thought he was going to be bringing me a bag of weed."

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

Tried to get rid of gun

Smich told the jury about his panicked attempts to get rid of the gun, which he testified he believes was used to shoot Bosma.

He said he tried to sell it through friend Brendan Daly. When that deal fell through, Daly suggested Smich bury the gun.

"I was very scared at that time," Smich said. "I was confused. I ended up going out and burying the gun ... I jumped on my bike, rode out in the forest and buried it."

"Do you know where today that gun would be?" Dungey asked. "No, I don't," Smich said.

Smich said there are "lots of ravines and paths" in Oakville. Investigators did search for the gun, but it wasn't found.

The jury has previously heard that Millard handed off the toolbox to mutual friend Matt Hagerman just before his arrest.

This artist's rendering shows Mark Smich, left, in the witness box being questioned by lawyer Thomas Dungey, with Dellen Millard looking on. (Pam Davies/CBC)

Hagerman and Michalski dropped the toolbox — along with a bag of drugs collected from Millard's house — in a maintenance stairwell in Oakville. Smich had a friend named Arthur go and collect the items that had been dropped off.

"When I received the gun, I thought that Dell was trying to frame me by dropping this off on me. I did not ask for it," Smich testified.

After Smich's short testimony Thursday morning, Goodman excused the jury so legal arguments could take place. The cross-examination of Smich is expected to begin Monday morning.

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. 

No knowledge of gun, Smich says

On Wednesday, Smich gave his account of the night that Bosma died, which upset many of Bosma's family members sitting in the packed courtroom. His mother left and did not return and his widow sobbed.

He said said after leaving the Bosma home in the Hamilton suburb of Ancaster they stopped so he could get the Yukon and follow behind while Millard took a test drive.

The two vehicles drove for a short while before Millard, who was driving Bosma's truck, swerved to the side of the road and stopped.

When Millard got out of the truck, Smich said he appeared to put what looked like a gun into a satchel. He said he did not know that Millard was bringing a gun to the test drive.

"He 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."

CBC Reporter Adam Carter is reporting live from the courtroom each day. You can read a recap of his live blog below.

On mobile? View the live blog here.


About the Author

Adam Carter


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.