Lutczyk given eight years, four months for 2012 kidnapping

 

By Joel Wittnebel/The Oshawa Express.

Almost three and a half years later, the fate of Robert Lutczyk has been set.

Following a final dramatic day of sentencing, Justice Alex Sosna handed down a sentence of eight years and four months to the former councillor for the 2012 kidnapping of city solicitor David Potts.

Sosna cited several aggravating factors in his ruling, noting a clear motive of revenge by Lutczyk, who felt Potts held a personal vendetta against him, blaming him for his financial pitfalls that had left him nearly bankrupt.

The justice also said that Lutczyk’s guilty plea on Dec. 1 “carried little weight,” noting it would not play a significant role in reducing his sentence. The judge also said the apology given by Lutczyk following the first day of sentencing was “hollow and disingenuous.”

At issue on the final day was a decision for Sosna between the prosecution’s desired 10-year sentence and the lesser penalty of eight years being pushed by Lutczyk’s laywer, Chris Murphy.

Originally, regardless of the sentence, it was agreed between the two parties that Lutczyk would be given additional credit – two days for every day in custody — for the three-and-a-half years already spent in prison. The typical credit is a day-and-a-half for every day served.

However, Sosna disagreed, saying he found no evidence to support giving Lutczyk extra credit.

“It would be an error,” he said, noting the lack of precedent on the matter.

Stopping what appeared to be the final word, Murphy urged Sosna that the sentence about to be imposed was “outside the range” of what was originally discussed between the Justice, Crown and defense.

Following a short recess, Sosna sided with Murphy and handed down a sentence of eight years and four months.

With credit for time served, Lutczyk will remain behind bars for another three years and four months.

As part of the sentence, Lutczyk was also given a lifetime firearms ban and barred from any contact with the Potts family. Sosna had strong words for Lutczyk on this final matter, noting Potts, his wife Maureen and two of his children were in the courtroom.

“For the sake of the Potts family that is here and suffered in many ways, you would be best served to stay away from them.”

Throughout the sentencing, Lutczyk stood silent while Potts watched from the front row.

Following the sentence, Potts said he felt a sense of relief the process was at an end and that justice had been served.

“Both counsel were working very hard, as was Justice Sosna, and I think the result was just,” he said.

While Justice Sosna may not have been affected by Lutczyk’s Feb. 4 apology, Potts said he and his family have forgiven Lutczyk for his actions that night.

“It’s over. It was over three and a half years ago,” he said.

 

For more details and a complete, in-depth look at the Lutczyk story, including notes from the pre-trial period and details previously protected under a publication ban, see next week’s edition of The Oshawa Express.