The jury is out.

All of the evidence is in. The closing arguments are done. The judge’s charge has been delivered.

All that is left to do now, for the six men and six women on the jury in the Tim Bosma murder trial, is to deliberate — and determine the fates of accused killers Dellen Millard and Mark Smich.

“Keep an open mind, but not an empty head,” was Justice Andrew Goodman’s final direction to the jurors.

Former friends Millard, 30, and Smich, 28, are on trial for first-degree murder in the death of Ancaster dad Tim Bosma, who vanished May 6, 2013 after taking the two men for a test drive of his pickup truck. Bosma was shot inside his truck and then incinerated in an animal cremator outside Millard’s air hangar at the Waterloo Region airport.

“Only you are the judges of the facts,” Goodman told the jury.

But what the jurors do not know — what they were never told — is that this is not the only murder charge faced by the two accused.

A year after they were charged in the Bosma case, Millard and Smich were also jointly charged with first-degree murder in the death of Toronto woman Laura Babcock, who disappeared in summer 2012.

Millard alone was additionally charged with first-degree murder in the death of his father Wayne Millard in November 2012, whose death — a gunshot to the head — was originally ruled a suicide.

Deemed prejudicial, any evidence that touched on those cases was strictly banned from these proceedings. Those trials are expected to take place next year.

Though the two men were tried together in this case — a trial that has spanned more than five months, with close to 100 witnesses called to the stand — they will receive separate verdicts.

They can individually be found not guilty, or guilty of manslaughter, second-degree murder or first-degree murder.

The Crown’s position is that both should be found guilty of first-degree murder, as charged. They say Millard and Smich developed and then executed their lethal plan together.

Millard and Smich have fingered each other for the murder, each claiming they are not guilty.

Smich says it was “lunatic” Millard who shot Bosma, but that he was not in the truck when it happened. He says he did not know Millard was bringing a gun that night, and that he was only there to help “scope out” a truck.

Millard’s lawyers pointed to the fact that Millard did not conceal himself when he arrived at the Bosma house that night — because he was not planning to kill, and had nothing to hide. It was Smich who was described as “sketchy” that night, they say.

The jury was given four different “Decision Trees” by Justice Andrew Goodman, meant to help them navigate the mass of evidence presented in this case.

Two of them outline the routes to find them guilty as a “principal” player or “aider or abettor.”

If the jury believes both are guilty of a planned deliberate murder, but are unsure about which role each played, they can still find them both guilty of first-degree murder.

Loading... Loading... Loading... Loading... Loading... Loading...

If they believe the robbery gone awry theory, they can still find them guilty of second-degree murder or manslaughter.

Before they left the courtroom Monday, Justice Goodman reminded the 12 jurors that they took an oath at the beginning of this trial “to well and truly try this case — we ask for nothing more, and we expect and are entitled to nothing less.”

The jury will deliberate each day from roughly 10 a.m. until 8:30 p.m. Outside of that, they will be sequestered in a hotel.

Read more about: