The judge hinted at a decision in the Windsor Assembly explosion trial on Friday.
James Harris, 37, has pleaded not guilty to arson with disregard for human life and intent to cause an explosion for a minor explosion on Nov. 4, 2021 inside the minivan plant.
A security guard was within 100 feet of the explosion on the second floor of an abandoned part of the factory which used to be a paint shop.
The guard wasn’t hurt but told the court “the ceiling shook” as a “loud bang” broke out sending a fireball eight feet into the air.
It happened just as the guard was on their third patrol of the factory around 4:10 to 4:15 p.m.
Police found two “manipulated” extension cords connected to the power outlet, wires with stripped ends and a common kitchen timer.
All of it was placed inside a black plastic tote with a minivan door which weren’t there on the guards first patrol of the area that day.
Justice Bruce Thomas has accepted an explosion occurred, even though he still doesn’t know what exactly exploded or where the centre of the explosion was.
The judge opined it’s possible there was no accelerant or whatever accelerant was used had dissipated by the time police arrived on scene or by the time the physical evidence was tested in a lab.
The lawyers and judge say the case comes down, largely, to comments Harris made to coworkers the week of the explosion and videos he edited and posted to social media at the time.
“Mr. Harris has no one to blame but himself,” Justice Thomas said Friday. “I’m going to find he made those comments.”
Harris’ coworkers testified he warned them to stay away from the second floor two days before the explosion and he reassured them afterwards that “nobody would’ve gotten hurt.”
Defence lawyer Ben Strickland argued the inference to be drawn is that Harris was spreading rumours that were circulating around the factory in an effort to “fit in” and he was promoting an upcoming anti-vaccine protest when speaking about people being hurt.
Assistant Crown Attorney Iain Skelton says the inference to be drawn is guilt; Harris didn’t want his colleagues to be hurt before and he wanted to reassure them afterwards that the explosion was not in a busy part of the plant.
At the time, Harris was very upset about the incoming COVID-19 vaccine mandates for people who worked for or at Stellantis.
He was passing out flyers to coworkers from a lawyer who was launching a class action suit against Stellantis.
And, he posted numerous videos to social media about his anti-vaccine beliefs in the weeks before the explosion.
In one, he used what the crown describes as “ominous music”, while the video pans towards Windsor Assembly.
“Don’t put me in a position where I have to show you how heartless I can be,” the video closed captioning reads.
Both the Crown and defence reminded Thomas that Harris never took responsibility for the explosion in any conversation with coworkers or social media post.
Thomas however told both lawyer he found all civilian witnesses to be credible and reliable.
He will have a judgment for Harris later this summer.