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Prosecution in double murder trial suggests accused wanted to steal drugs

'I went there to do a deal and then it went wrong,' Dyrrin Daley testifies; Daley is accused of murdering Nickolas Pasowisty and James Pasowisty

A Barrie man accused of killing a teenager and his dad denied suggestions Wednesday by the prosecution that he broke into their home intending to rob them.

“Your whole purpose… was to sneak in there and steal marijuana,” Crown attorney Ray Williams suggested as he cross-examined Dyrrin Daley.

The prosecutor presented a variety of scenarios explaining what may have happened early Feb. 8, 2017 between Daley and Nickolas Pasowisty, 19, and James Pasowisty, 51.

The father and son were found dead inside their Allandale apartment after police received two silent 911 calls from inside the second-floor duplex at about 3 a.m. The father had been stabbed 38 times and the son had been stabbed 35 times.

Daley, 28, earlier testified that he pulled the pocketknife out of his pocket out of fear of the two men, who were not armed, and struck out at them in self defence.

On Wednesday he told the court the two ganged up on him and blocked his way to the exit and he struck out in a “blacked-out” fury with his pocketknife.

During his cross examination, Williams suggested that Daley was angry for being made to wait an hour outside a convenience store two days earlier to buy marijuana from the older Pasowisty and that he didn’t like him.

But Daley refuted the challenges.

He said Pasowisty was a fair marijuana seller, although he at times called the older man racist. There was also a period when Daley’s mom was in a relationship with Pasowisty and the families lived together for about six months during which Daley said Pasowisty was once aggressive with him.

Daley said he showed up at the Pasowistys’ apartment early that February morning with a duffel bag containing a flashlight, a pellet gun and a baton intending to buy marijuana and possibly make a trade. 

“I went there to do a deal and then it went wrong,” said Daley.

He said he didn’t simply walk into the apartment as the prosecution suggested, but rather knocked at the door two times before a sleepy Nickolas answered and the two went into the teenager’s bedroom to go through the bag when James showed up at the threshold of the bedroom.

“James came in and that’s when things got messed up,” he said.

Daley said any suggestion that he went there with intent to steal drugs is “stupid.”

Daley repeated earlier assertions that he was remorseful for the killings.

“I did not mean or intend for them to die,” the accused man insisted. “I felt so bad that I wanted to die.

“I felt horrible and I wanted so bad to die myself.”

When the prosecutor suggested that his plan to go to the apartment in the middle of the night to steal drugs went awry, Daley responded: “I did not grab the weed… everything that you’re saying is not true.”

The trial continues Thursday with Daley on the witness stand for the third straight day.