Dellen Millard posted photo of himself with bloody eye weeks before father shot, court hears

Dellen Millard uploaded a photo of himself withbloody eye makeup to the online gaming platform Steam just weeks before his father was shot in the eye, court heard Monday as Millard's first-degree murder trial continues.

The Crown attempted to have the photo introduced as evidence at the judge-alone trial in Ontario Superior Court in Toronto, arguing the timeframes were too implausible to be just a coincidence.

But Justice Maureen Forestellruled the image to be too prejudicial, and said she would not consider it in her decision. She said it was "clearly discreditable conduct evidence."

Millard, 32, once studied makeup effects and artistry. Court heard the photo was taken in 2005, and then uploaded to Millard's Steamaccount somewhere between Nov. 10 and Nov. 14, 2012. Wayne Millard died of a gunshot wound through the eye later that month.

The death of 71-year-old was originally ruled a suicide in 2012. He was found at his home at 5 Maple Gate Court in the Toronto suburb ofEtobicokewith a single gunshot wound.

"About two weeks before Wayne Millard died ... it certainly appears Mr. Millard selected thispicture to be his profile picture," assistant Crown attorney Ken Lockhart said.

Lockhart told the inquiry that if Wayne Millard had shot himself in the eye and died by suicide, Dellen Millard likely would have wanted to change his profile picture instead of leaving it up as he did.

Millard is currently serving consecutive life sentences for the murders of Tim Bosma, a father and husband from Hamilton,and Laura Babcock, a Toronto woman he had been involved with. Hewas charged in his father's death after police started investigating the disappearances ofBosmaandBabcock.

Millard has pleaded not guilty to killing his father.

Dozens of devices seized, searched

Evidence about what was found on Millard's computers and cellphoneswas introduced by retired Ontario Provincial Police officer Jim Falconer.

Text messages entered into evidence showed the efforts Millard was making in the summer of 2012 to buyguns from a weapons dealer. One of those guns was later found next to his father's body.

The man who sold Millard those gunsToronto'sMatthew Ward-Jacksonwas sentenced to 11 years in prison for firearms trafficking earlier this year.

Court heard at his trial that between February and September of 2012, Ward-Jackson sold three handguns to Millard.

One of those guns was theWalther PPK handgun used in the Bosmamurder. Another was the .32-calibre revolver found next to Wayne Millard's body.

Court saw text messages Monday between the two men from July 1, 2012, in which Ward-Jackson says, "32 but its a really nice nice compact piece I'm sure ud like it." He then later texted,"They've been prohibited for 30yrshere now. So u got a very rare thing lucky u."

No mention of father in text messages

While text messages introduced at theBosmaandBabcocktrials pointed tomotive, that was not the case in court Monday.

The text messagesdid, however, shed some light on Millard's relationships with those around him particularly with Mark Smich, who was found guilty alongside Millard in the Bosma and Babcock murders.

Smich tells Millard in messages that he loves him on multiple occasions, andfrequently asks him for money. Smichalso sends him violent rap lyrics, andin one instance refers to finding "extra space in the trunk" for a woman.

In March 2012, Millard textedSmichand said,"How ruthless are you willing to be to make $$? I have some ideas, but it's next level stuff. we'll talk about this weekend. I know you need income."

Millard also sentSmichan e-transfer on April 15,2012, saying, "I'm down to $2,000 in my account with $7,500 in credit card debt. Spend wisely bro."

At no point in any of the texts shown in court Monday did Millard mention his father.

Follow along with a recap of theCBC'slive blog from inside the courtroom below. On mobile and can't see it?View the live blog here.

adam.carter@cbc.ca