THUNDER BAY – Benjamin Ronald Marki has been found guilty on all charges, including two counts of second-degree murder for the 2015 deaths of Wilfred Pott and Anne Chuchmuch.
The verdict was read in a Thunder Bay Courtroom on Friday before Superior Court Justice Terrence Platana. Marki appeared before the court with no expression on his face when the guilty verdicts were read by the jury.
The jury deliberated for a day-and-a-half, beginning on Thursday, before reaching their verdict.
Marki was facing two counts of second-degree murder, one count of arson endangering life, and one count of committing an indignity to a human body in connection to the December 2015 deaths of the 60-year-old Pott and the 50-year-old Chuchmuch. He was found guilty of all charges.
A guilty verdict in a second-degree murder charge carries with it a mandatory life sentence with no chance of parole for a minimum of 10 years.
Emergency crews were called to a Brant Street residence on the night of Dec. 27 after receiving reports of a structural fire. Upon arrival, Pott was found unresponsive inside suffering from several stab wounds and Chuchmuch’s burned remains were discovered after the fire was extinguished.
Over the course of the six-day trial, Crown prosecutor, Andrew Sadler, called more than a dozen witnesses to testify. Much of the evidence presented focused on two knives containing blood-like staining that matched the DNA profile of Pott and Chuchmuch, as well as clothing items thought to belong to Marki that also contained blood-like staining and shoes that were found with traces of gasoline.
Sadler also focused on statements made by Marki that seemed to provide varying accounts of what took place the night of the fire and statements made to police indicating that he would be arrested.
Following the verdict, Sadler said prosecuting a case based on circumstantial evidence can pose many challenges, but he believes the jury paid close attention to the evidence and returned with the right verdict.
"The Crown has to prove its case beyond a reasonable doubt and in a circumstantial case that means we have to prove that guilt is the only reasonable conclusion," Sadler said. "If there is an alternate explanation out there that is reasonable, then the jury has to find the accused not guilty."
Chuchmuch's father was in court for the entire duration of the trial and appeared very emotional following the verdict.
"I got the sense that there is a sense of relief, the start of some closure," Sadler said. "Hopefully that will continue throughout the process. The sentencing process will allow for victim impact statements."
According to Det. Dave Tinnes of the Thunder Bay Police Service, who was the lead investigator on the case, the investigation and trial was a long process, but he is pleased with the outcome.
"It was a lot of work by everyone and I would like to say I am proud of all the members of the Thunder Bay Police for the hard work that went into this case over two years and four months," he said. "It was an immense amount of work by all these people. It is satisfaction for them. But the most important thing is to bring satisfaction for the family."
Defense attorney, George Joseph, did not call any evidence during the trial and in his closing submission he told the jury that Marki was a convenient scapegoat for the crime.
At the request of his client, Joseph did not provide any comments following the verdict.
The jury returned shortly after the verdict to provide parole recommendations. Of the jury, which consisted of nine women and three men, eight did not provide a recommendation, one recommended 10 years, another recommended 12 years, and two jurors recommended 25 years.
Justice Platana released the jury and thanked them for their service. The matter has been adjourned until May 28 to set a date for a sentencing hearing. Joseph also requested a pre-sentencing report and a Gladue report.
Complete coverage of Benjamin Marki trial
Day one: Double homicide trial against Benjamin Marki opens in court
Day two: TBPS officer and neighbor testify at Marki trial
Day three: Victims had several stab wounds, not breathing during fire
Day four: Gasoline present at starting point of Brant Street fire
Day five: DNA evidence introduced at Benjamin Marki trial
Day six: Closing arguments presented in Benjamin Marki trial
