The Hamilton Spectator

MILLARD TRIAL Judge in first-degree murder trial hears from coroner who ruled Wayne Millard’s death a suicide //

- LIAM CASEY

TORONTO — The coroner who initially ruled an aviation executive’s death a suicide told a murder trial Monday that he believed there was a “reasonable chance” Wayne Millard killed himself, but noted it was possible someone else pulled the trigger of the gun found beside the man.

Dr. David Evans said he ruled the death a suicide within two days of Millard’s body being found in his home in late November 2012, and stuck by his findings in his final report more than six months later despite knowing Toronto police had reopened the case.

“Looking at the scene, the trajectory of the bullet, the position of his left hand, the powder marks on his hand and his pillow, it would appear this death is consistent with suicide,” Evans told the judge-alone trial where Millard’s son is charged with first-degree murder in his father’s death.

Dellen Millard, 32, has pleaded not guilty in the case.

Police started re-examining Wayne Millard’s death after the younger Millard was arrested and charged in the death of Tim Bosma of Hamilton.

An autopsy found Wayne Millard died from a bullet to the brain that entered at his left eye and became lodged in the back of his head on the right side, Evans said.

“The soot on the hand and what I saw on the pillow and how his left hand was, I thought there was reasonable chance he had done this himself,” Evans said, but added that he had never seen a bullet through an eye in a suicide case.

Crown attorney Jill Cameron asked Evans if someone else could have pulled the trigger of the gun found.

“At the time, I felt it was more consistent with a suicide,” Evans said. “In retrospect, one can say that’s a possibilit­y.”

Evans noted, however, that he believed Wayne Millard may have turned the gun around to point it at his eye and pulled the trigger with his thumb.

Several officers have testified that Dellen Millard was the one who found his father’s body in the home the two shared in Toronto’s west end. The younger Millard first called his mother, Madeleine Burns, and she called 911 until after she arrived at the home.

Police officers on scene initially thought a gastrointe­stinal injury may have killed the businesspe­rson, who was found in his bed, Evans said.

The trial heard that when Evans entered the bedroom, he followed the trail of blood on Wayne Millard’s bed to a black Lululemon bag on the floor and saw a revolver when he moved the bag. Then he looked closer at the blood on Millard’s face, he said.

“I noticed the left eye was absent,” Evans said.

Prosecutio­n and defence lawyers focused Monday on where the gun was found.

Evans said he didn’t pull the bag out from its location, but two officers testified that Evans pulled the bag out and put it back down when he realized there was a gun on it.

Court documents show Dellen Millard’s DNA was found on the gun’s handle. Last year, a gun trafficker pleaded guilty to selling Millard the revolver.

Wayne Millard’s death occurred at least 18 hours before Evans had completed his investigat­ion around 11 p.m. on Nov. 29, 2012, he said.

Later Monday, retired detective James Hutcheon testified he thought Millard’s death was suspicious when he was on scene that night and conveyed that to police headquarte­rs’ duty desk.

He said Burns, Wayne Millard’s ex-wife, was shaken but Dellen Millard’s demeanour was different.

“He was very calm, and didn’t appear upset at all,” Hutcheon testified, saying a red flag was also raised by who called 911.

“The first thing Dellen Millard did when he arrived was not to call 911. He called his mother ... and waited until she arrived at home in order to call 911,” Hutcheon said.

Dellen Millard was charged in his father’s death in April 2014.

Millard and his friend Mark Smich have been convicted of first-degree murder for the deaths Bosma and Toronto woman Laura Babcock.

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