Sentencing begins for Lutczyk

By Joel Wittnebel/The Oshawa Express

There have been numerous question marks in the case of Robert Lutczyk.

Now, only one remains: how much more time will the former Oshawa city councillor spend behind bars for kidnapping city solicitor David Potts? The debate to find an answer to that question started in an Oshawa courtroom on Feb. 4 and a pair of options quickly emerged for Superior Court Justice Alex Sosna to decide on.

Crown attorney Ngai On Young is seeking a 10-year sentence while Lutczyk’s lawyer, Chris Murphy, is arguing for a lesser term of eight years.

Prior to both sides offering their reasoning for Lutczyk’s eventual penalty for the 2012 incident, the morning’s court proceedings marked one of the few times the Potts family has spoken publicly about the incident since the preliminary inquiry.

Potts’s wife Maureen read a lengthy victim impact statement to the court on behalf of her husband and family. Silence filled the courtroom as Maureen detailed that night starting with Potts being taken at gunpoint from the driveway of their home, calling it “the most outrageous nightmare anyone could inflict on a family.”

“There are no words to describe Mr. Lutczyk’s cruelty,” she said.

On the night of Oct. 15, 2012, after kidnapping Potts from his Courtice home, Lutczyk headed for an industrial unit in Whitby, within which he had numerous firearms and piles of ammunition.

Potts was later able to escape unharmed, but a 27-hour standoff ensued involving SWAT teams and hostage negotiators before Lutczyk eventually surrendered without incident.

“An attack like this is an attack on society itself,” Maureen said.

Holding back tears, she also offered an explanation why she was standing before the court instead of Potts himself.

“He is grateful for what he has and will not define himself as a victim,” she said.

A final decision will be made by Justice Sosna on Feb. 26, and whatever his final ruling, Lutczyk will get maximum credit for his time served in pretrial custody. Lutczyk has been in jail since his arrest more than three years ago.

Typically, a credit of one-and-a-half years for every year spent in pre-trial custody is given. However it was agreed that Lutczyk will receive additional credit for the tumultuous time spent at Central East Correctional Centre in Lindsay.

With credit, a 10-year sentence would leave Lutczyk with three years and 143 days left to serve, while an eight year sentence would see Lutczyk out of jail two years sooner.

Young argued that Lutczyk should be serving the extra two years because of the vengeful nature of the crime, and the former councillor’s lack of insight, remorse and responsibility regarding his actions that night – factors that could easily push the sentence beyond the 10-year mark, he said.

During the creation of the presentencing report, Young pointed to the fact that Lutczyk had the opportunity to express remorse for his actions, but pushed the blame away from himself.

“This is perfect opportunity to express remorse,” Young said.

When asked the risk of him reoffending, Lutczyk replied that the chances would be low because the odds of all the circumstances he was facing at that time coming together in the same manner were very slim. Therefore, it’s unlikely that he would act out again.

At the time of the incident, Lutczyk was facing serious financial trouble, problems at home and with work.

However, while not “belittling” these issues, Young said these are issues people across the globe face everyday.

“These stressors are really nothing extraordinary,” he said, and for that reason, noted it would be possible for these things to occur again.

However, Murphy disagreed, stating that these external stressors would have a large impact on Lutczyk, who has been disagnosed with an adjustment disorder.

“It’s easy for someone not suffering from this mental illness to say that,” Murphy said of Young’s comments, noting later that the Crown’s submissions paid no credence to Lutczyk’s mental illness.

Murphy also worked to show Justice Sosna the type of person Lutczyk was prior to the incident, mentioning approximately 30 letters of reference he had received, all of which offered kind reviews of Lutczyk as a politician and educator.

One letter pointed to by Murphy was written by Oshawa MP Colin Carrie, who wrote that Lutczyk was an “approachable” and “intelligent” member of council and had a “jovial manner” when the two met at community events.

When contacted for comment on his letter for Lutczyk’s defense, Carrie said in an emailed statement that “however shocking his actions, they do not erase the years of dedicated service he provided to Oshawa. I was encouraged when I learned that Mr. Lutczyk had pleaded guilty and had taken full responsibility for his actions. I have the utmost faith in our judicial system and rest assured that justice will be served.”

Murphy also argued that Lutczyk’s lack of a criminal history and his guilty plea should be seen as mitigating factors for a lesser sentence.

The accused himself sat silently for the majority of the session, which lasted most of the day.

However, prior to closing, Lutczyk was offered the opportunity to speak, and he took the chance to offer his apologies to the Potts family, saying he was moved by Maureen’s words.

“I feel I really have to say things from the inside of my core,” Lutczyk said. “I’m so deeply sorry that I hurt her and her husband and her children.

“I wish I could explain…I find it hard to explain to myself.”

Lutczyk added that he truly regrets his actions that night and says he has accepted responsibility for what he did.

“I’m just sorry for it all…I truly hope you can find it in your hearts to forgive me for this.”

Sentencing will continue on Feb. 26.