‘You’re going to get yours’: Crown says victim of 2016 stabbing lived in fear prior to her death

Five days before she was found face down in a bleach- and water-filled bathtub with stab wounds to her chest, a frantic Marilyn Mitton called her only son.

He testified on Tuesday that her voice was shaking.

Earlier, she told him, a man knocked on the front door of her downtown apartment. Mitton opened it just a crack before the man forced his way in.

An argument ensued. She told her son that the man raised his hand as if to hit her and she screamed. A neighbour across the hall overheard the commotion and threatened to call police.

The man is alleged to have uttered five words to Mitton before he left: You're going to get yours."

Wayne Bell is now on trial for first-degree murder in the stabbing death of Mitton, 66, who was found dead on July 31, 2016, after her apartment at 200 Jackson St. W. was set on fire. Bell, 69, is also charged with arson and accused of setting the apartment ablaze to cover up evidence.

Bell has pleaded not guilty to both counts.

The trial began Tuesday with deputy Crown attorney Nancy Flynn delivering her opening address to a 14-member jury. The address is not evidence, but rather a summary of what the Crown expects the jury will hear.

After months of harassment, Marilyn Mitton was stabbed to death in her apartment. She was put in her bathtub face down in six to eight inches of bleach water while her killer stole her money, got rid of evidence of the crime, and set her apartment on fire," Flynn said.

Flynn said in the months before Mitton's death, she lived in fear of Bell, who befriended the widowed Mitton after she moved to Hamilton from Niagara Falls to be closer to her son.

Court heard that the pair lived in the same apartment building a few floors apart from each other and began a relationship. They often spent time together in Mitton's unit, socializing and drinking. Bell would run errands for Mitton.

But after a couple of months, the relationship began to deteriorate," Flynn said.

Once, Mitton - who was living off disability and pension cheques - gave Bell her bank card to purchase food and he stole money from her account without consent, Flynn said. Bell later apologized when confronted and told Mitton he would pay her back.

Sometime later, however, Bell again used Mitton's bank card and again stole without consent, Flynn said.

As their relationship went on, Marilyn began to experience other forms of harassment," Flynn told jurors.

Among those are that Bell allegedly glued Mitton's door locks; vandalized her front door; stole her family photos; and stole her depression and anxiety medication before bringing them to his apartment and taping them under a table.

Flynn said the jury will hear evidence of criminal harassment in the form of written complaints Mitton made to Hamilton's housing authority that prove Mitton was afraid of Bell.

Mitton's last written complaint to CityHousing Hamilton was dated July 12, 2016, and in it she complains, I can not put up with the harassment I have (been) receiving from Wayne Bell anymore,'" Flynn said.

The only witness called to testify Tuesday was an emotional Christopher Mitton, Mitton's son.

Christopher said his mother was a very anxious person who seldom left her apartment and drank often. He testified Mitton told him to stay away" from Bell because he was dangerous" and carried a knife on him strapped near his boot.

Within the first months of meeting, she told me they went for a walk around downtown Hamilton - she was very nervous and scared of downtown - and Wayne reassured her, Don't worry, I'll protect you. I always carry a knife,'" Christopher testified.

Christopher said his mother had no problem, at first" with Bell carrying a knife, but later became petrified for her own safety and his.

I would ask if she wanted me to confront him," Christopher said. She was scared that he would stab me."

Under questioning from defence lawyer Stephen White, the jury heard from Christopher that Mitton expressed suicidal thoughts about six years before her death when she lived in Niagara Falls.

White asked Christopher whether he ever asked his mother if she was suicidal while living in Hamilton.

No," Christopher said. There was no signal that she was suicidal. I would've asked, but there was no (signal)."

White also questioned Christopher about the last time he spoke to Mitton on July 26, when she called him at around 8:30 p.m. saying Bell tried to barge into her apartment and hit her.

White asked Christopher why he didn't call police to report the incident if he really believed his mother was in danger.

I wish I could have called the police," Christopher said. I feel so bad about it. It's my mistake and I got to live with that for the rest of my life.

It makes me sick to my stomach."

The trial resumes Wednesday.

Sebastian Bron is a Hamilton-based reporter at The Spectator. Reach him via email: sbron@thespec.com