Tim Bosma trial: Dellen Millard's friend was arrested but released

Dellen Millard's friend Andrew Michalskiwas also arrested in connection with the death of Hamilton man Tim Bosma, court heard Wednesday, but he was questioned and subsequently released without charge.

The arrest occurred on May 13, 2013 just days after Millard was arrested. In his first meeting with police,Michalskididn't tell investigatorsabout a key piece of evidence in the Bosma case and deleted text messages with Millard's co-accused Mark Smich, Ontario Superior Court heard Wednesday.

Millard, 30, of Toronto, and Smich, 28, ofOakville, Ont., are charged with first-degree murder inBosma'sdeath. Both have pleaded not guilty.

Michalski returned to the witness box for a second day on Wednesdayand testified that he gave two statements to the police and in the first, he didn't tell investigators about a backpack full of drugs and a toolboxthat he had dropped off for Smich.The Crown alleges the toolbox had contained a gun.

• Tim Bosma trial: Dellen Millard's friend and roommate returns to testify Thursday
• Dellen Millard asked friend if he should steal truck from 'nice guy'
• Millard's 'snivelling' friend falls apart while testifying

"I didn't think it had any significance," Michalski testified. He came clean in his second statement, court heard, and also voluntarily provided a blood sample to police.

Michalski also deleted several text messages between himand Smich because he was "scared at the time," he said. Court heard he later volunteered his phone and its records to police.

'Irrespective of whatever debtsDellenmight have had ... or loans he hadn't paid, in your mind, you're like "Buddy, you're loaded, you could pick up a $20,000 truck?'''- Nadir Sachak, Dellen Millard's lawyer

Bosma, who lived in the suburban Ancaster area of Hamilton, vanished on May 6, 2013, after taking two men 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 Waterloo, Ont.

In his second day of testimony, Michalski clarified one of his statements about Smich. On Tuesday, Michalski said that Smich was sick on May 5, 2013, and that was why he and Millard didn't steal a truck they had taken for a test drivethat day.

Today, he told the jury that Smich had been "hung over."

Michalski also had contact with Millard's girlfriend Christina Noudga and mother, Madeleine Burns, after Millard was arrested, court heard, to give them Millard's dog.

Millard had money, jury hears

Millard's lawyer Nadir Sachakspent much of his cross-examination asking about Michalski's involvement in the theft of a Bobcat tractor with Millard and SmichinOctober2012.

Sachakalleged that Michalskiand his friends did it for a sense of adventure and a rush, but Michalski said that wasn't the case.

"Nobody coerced you to do it?" Sachakasked. "No sir," Michalski responded. "I did it because it was easy enough."

"Did somebody put a gun to your head, somebody dragged you out in handcuffs?" Sachak asked. "No sir," Michalskisaid.

Sachak also asked Michalski to clarify his statement that he told Millard to "f--k off" afterMillard asked him if he should steal a truck from "the asshole or the nice guy."

"It's like, 'f--k off, you've got the money, right? You've got the money, you don't need to steal?" Sachak said.

"That's right," Michalskianswered.

Theft plan no secret

Millard's financial statushas come up in questioning over and over during the course of the trial, and Sachak raised the subject again with Michalski.

"Irrespective of whatever debts Dellen might have had or loans he hadn't paid, in your mind, you're like 'Buddy, you're loaded, you could pick up a $20,000 truck?'" Sachak asked,and againMichalskisaid yes.

Millard also made no secret of his plans to steal the truck, Sachak said."He tells you that. No secret," Sachak said. "None," Michalski answered.

Michalski also agreed that Smich "controlled his movements" when it came to dropping off thebackpack full of drugs from Millard's home along with a toolbox that Millard had given mutual friend Matt Hagerman.

"You and Hagerman did what Smich told you to," Sachak said. "That night," Michalskiresponded.

Smich'slawyer Thomas Dungey started his cross-examination Wednesday, and also focused on Millard's wealth, in an attempt to show Millard used money as a power play among his younger friends. Michalski testified that Millard paid for expenses on vacations,let him use his carsand often hosted parties.

Millard was 'the driving force'

DungeyaskedMichalski:"There's a big attraction to Mr. Millard as he's supplying the residence for the partiesand supplying the weed. So that's why he had these young people there?"

Michalski, whois four years younger than Millard, agreed.

Dungeyalso asked about whenMichalskiand his group of friends first started stealing, andMichalskisaid itwas on "Devil's night," on Oct. 30 in 2011. The group which includedHagermanand Millard broke into a nursery and stole plants for Millard's garden.

"He was the driving force,"Michalskisaid. "I think we were all drunk and on drugs and wanted to do something fun."

Dungeythen askedif Millard was "into any other thieving" between that incident and the Bobcat theft. Millard's lawyers quickly objected, and the jury was sent out during legal arguments.

Upon their return, Justice Andrew Goodman told the juryto disregardDungey'squestion.

CBC reporter Adam Carteris in the courtroom each day reporting live on the trial. You can view a recap of his livebloghere:

On mobile and can't see the live blog? View it here.

adam.carter@cbc.ca