A Barrie man convicted on two counts of second-degree murder in the “brutal” stabbing deaths of a father and son should not be eligible for parole for 20 years, the prosecution told the court during a sentencing hearing today.
But Dyrrin Daley’s lawyer says the parole eligibility in the automatic life sentence that comes with the murder convictions should be reduced to 12 years, taking into account credit for the more than four years the 28-year-old man has spent in jail awaiting trial.
Daley was convicted in August following a five-week trial that started last spring.
Justice Vanessa Christie is expected to reserve her decision today on sentencing.
Nickolas Pasowisty, 19, and his 51-year-old father James Pasowisty were killed on Feb. 8, 2017 in their William Street apartment in Barrie's Allandale area. They had each been stabbed more than 35 times.
Daley, who claimed self-defence, suffered a cut during the attack when his knife slipped, seriously cutting his hand.
Daley had spent the 55 months from the time of his arrest in Feb. 8, 2017 to the time that Justice Vanessa Christie passed her judgment on Aug. 30 in custody. The dead time, along with expected credit for having spent that time in jail during the pandemic, was expected to reduce the time left for him to serve.
Court heard during the trial that James was selling marijuana to supplement his disability income and his son, who was going to school, lived with him.
Daley said he went to their house in the middle of the night to buy marijuana, bringing along a loaded pellet gun, an extendable baton and a special forces tactical flashlight for trade, when he claimed he was ambushed by the other two men.
What exactly happened that night, said Christie, may never be known. But she did determine the Pasowistys had an “open-door policy” and Daley went in, using his flashlight, likely as the Pasowistys lay sleeping.
Inside, he was confronted by one of the two men who had woken and a struggle ensued, which is when Daley pulled out his double-bladed pocket knife, extracting just one of the blades.
The two unarmed men then tried to defend themselves as the struggle moved throughout the apartment, with the younger man twice managing to call 911 but likely unable to talk due to his injuries.
