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.

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."

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

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

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

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

Sachakdidn't relent, and spent the entire morning hammeringSmichabout his lyrics.

"Peace bitch, you're deceased, bitch,"Sachaksaid, quoting a video of a shirtlessSmichfreestyle rapping that was shown in court.

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

"I was not even in the vehicle whenDellenMillard shot Mr.Bosma,"Smich responded.

Smichsays Millard killed Bosma

The exchange between witness and lawyer became tense at times, withSachakbooming and pounding on the lectern at points, andSmichtaking little digs at the defence lawyer.

"Well it's not like Give Peace a Chance,is it?"Sachakasked at one point. "I'm sorry, is that a rap song?"Smichreplied, 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, sayingMillardpulled 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 thathe had a sore shoulder.

Smich previouslytestified thatBosmaand Millard were inBosma'struck 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.Smichsaid 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.Bosmalaying 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.

"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," Sachakboomed 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 Smichrevered 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," Smichanswered.

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 Sachakquickly moved on.

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 thatthe gun Smich held in a photo introduced earlier in the trial is "lighter than a jackhammer." Smich agreedand 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-examinationclearly took a toll on the courtroom. Many people were restless and shifting in their seats, witheven 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