THUNDER BAY - A responding Thunder Bay Police Service officer who attended a Brant Street residence where 60-year-old Wilfred Pott and 50-year-old Anne Chuchmuch were killed, said the accused in the case appeared agitated and made suspicious comments the night of the incident.
Benjamin Ronald Marki is facing two counts of second-degree murder, one count of arson endangering life, and one count of committing an indignity to a body in connection to the deaths of Pott and Chuchmuch on Dec. 27, 2015.
During day two of the trial in a Thunder Bay Courtroom on Wednesday, two witnesses present at the fire and in the garage on the property behind the Brant Street residence where two knives were found testified.
Crown prosecutor, Andrew Sadler, called Thunder Bay Police Service Const. Braydan Beck, to the stand, as well as Robert Guitard, the owner of the property on Hastings Place behind the Brant Street residence.
The testimony of both witnesses largely dealt with witnessing Marki at the Brant Street residence at the time of the fire, as well as his time spent inside the Hastings Place garage that night.
According to Beck’s testimony, he witnessed a man trying to enter through the front door of the residence when he arrived on the scene.
“I knew the house was on fire and he should not be going into a burning building,” Beck testified. “I had to pull him back out of the front door.”
The man attempting to enter was Marki, who told Beck he was looking for his dog. Marki added he went for a walk with his dogs and returned to the Brant Street residence where he was living at the time and left the dogs in the back yard.
He then grabbed a backpack from the house and walked to a bus stop down the street before returning to the home after hearing sirens and attempted to get into the house.
Beck testified that he accompanied Marki to the garage behind the Brant Street residence with his dogs, where Marki repeatedly asked about Pott and Chuchmuch, who he referred to as mom and dad. Guitard was also present in the garage.
It was at that time Beck noticed what he said appeared to be blood-like staining on the back of one of the dogs, as well as a cut on Marki’s right hand. Beck attempted to get a statement from Marki regarding the fire.
“He was pretty agitated,” Beck testified. “His story and timelines weren’t making sense. He couldn’t answer a lot of my questions. His thoughts were all over. It was difficult to get a statement.”
Beck also testified there was an odour of alcohol on Marki’s breath and while he was obtaining a statement, another officer informed Beck that Pott had been stabbed.
According to Beck, Marki began acting very erratic, jittery, and began making what he said were suspicious statements.
“One of the statements, and I’m quoting from him: I’m going to be arrested for this, I know it. You might as well arrest me now. I know how this works. I should have jumped on the bus and took off,” Beck testified.
Before leaving the scene on Brant Street, Beck said Guitard pulled him aside and brought him back to the garage to show him the two knives found inside on the running board of a snow machine.
“He indicated to me that those were not his and were not there earlier that day,” Beck testified.
Marki was transported to the Thunder Bay Police headquarters after his dogs were taken to Animal Services. Beck said Marki became very agitated in the Animal Services building and struck a wall with his hand.
At the Balmoral Police headquarters, Marki was interviewed by the criminal investigation branch and then released.
Cross-examination by Marki’s attorney, George Joseph, focused on Marki’s demeanor and what took place inside the garage.
Joseph asked Beck if he would agree that Marki was never left out of his sight while in the garage, to which Beck agreed.
Joseph also attempted to determine Marki’s exact location inside the garage in relation to the snow machine. According to Beck, Marki was sitting in a chair near the front of the machine, which Joseph said would make it impossible to place the knives on the other side of the snow machine without standing up and leaning over.
Regarding Marki’s demeanor, which was described by Beck as agitated, Joseph said it could be the result of learning his home was burned, that Pott and Chuchmuch may be hurt, and concern for his dogs.
Joseph also asked when Marki made the statements about being arrested and if it was before or after being informed he would be transported to the Thunder Bay Police Station for questioning.
“I’m not sure if it happened before or after he was notified of that,” Beck testified.
Neighbour testifies
Sadler also called Robert Guitard to testify. Guitard is the owner of the garage on the property directly behind the Brant Street residence.
According to Guitard, at the time of the fire, he witnessed Marki at the back of the building pounding on the door and asking if anyone was inside. He then handed him one dog over the fence and joined Guitard in the garage to stay warm with his two dogs and a cat.
Guitard testified that one of the dog’s fur looked wet and matted and he noticed blood on Marki’s hands, so he gave him a paper towel to wipe them, which was later photographed and seized as evidence by police.
Guitard added he informed Beck about the knives on the snow machine that he found while looking for Marki’s cat because they did not belong to him and he would have noticed them there earlier that day when he was working on the machine.
During cross-examination, Joseph pressed Guitard on Marki’s exact location while inside the garage.
Guitard said Marki was sitting in a chair near the front of the snow machine, but added he was not seated the entire time.
“There was a time I remember Ben sitting on the snow machine,” Guitard testified.
Joseph said this was the first time Marki sitting on the snow machine was mentioned and pushed Guitard on why this information was never revealed before.
Guitard said he does not remember saying whether or not Marki was seated on the snow machine during previous statements made to police or during the preliminary hearing. Joseph told Guitard that this must be a difficult situation for him and that it could impact his life and property.
“You are not focusing on the minute details, you are focusing on the big picture?” Joseph asked Guitard.
“Yes,” he replied.
The trial will continue on Thursday when a pathologist involved in the case is expected to testify.
