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Issue link: https://digital.canadianlawyermag.com/i/670711
MAY 2016 24 INHOUSE munications, police began to try and track Potts' BlackBerry. Once police were able to locate Lutczyk's vehicle at the Tim Hor- tons, a chase took place back to the location where he had been holding Potts. A struggle ensued and Potts was used as a "shield" by Lutczyk against police with drawn weap- ons, but Potts was able to escape to police unharmed. Durham and York Region Police were on the scene. When he managed to break free, Potts told police it was Lutczyk who was in the unit and warned them not to let their offi cers go into the unit, as he believed there were bombs inside. Throughout the ordeal, Potts says he knew it was important to keep his compo- sure — for Lutczyk to see him as he would have seen him each day at city hall. He also refused to sit on a stool Lutczyk had placed in the unit holding area for Potts, he kept his tie straight, he chose his words carefully — all intended to re-direct and avoid imme- diate confrontations. That worked until Lutczyk began playing back the voice mail messages from Maureen and his daughter. In her statement, Maureen described this as: "Mr. Lutczyk's unimagi- nable cruelty found its mark that night and continues to haunt." Inside the unit, Lutczyk angrily described his personal and fi nancial circumstances, blaming Potts. He said he was "exacting revenge." At one point, using Potts' Black- Berry, he sent messages to Oshawa's city manager, Bob Duignan, inquiring about his availability. As city manager, Duignan had authority to settle fi nancial disputes involv- ing the city. Potts had suggested it as a way to depersonalize the confl ict and buy time. As Maureen stated in court: "There were no witnesses to Mr. Lutcyzk's serious crimes except David, who was handcuffed in front of his armed kidnapper." During the preliminary inquiry, Potts spent two days on the witness stand describ- ing the details of that night, except the part about the voice mails. He couldn't get the words out, Maureen said, and still can't. "There are no words to describe Mr. Lut- czyk's cruelty to David's rage and despair," she told the court. Once inside the unit, it occurred to Potts that Lutczyk hadn't made any attempt to conceal his identity. "When he chained my wrists and padlocked it, and then when I saw him opening the gate with a key he had, that's when I felt the real sense of 'OK, this is bad,'" says Potts, who knew then he had to get out of the industrial unit. "It was almost like an obsession; I had to be outside," says Potts, who was constantly thinking about his wife and four children and the possibil- ity he would never be discovered. The unit where Lutczyk took Potts was on a dead-end street in a low-traffi c area. The parking area was enclosed by a fence with a locked gate. After stopping in front of the gate, Lutczyk reached to the dark fl oor of the rear seat, pulled up a metal chain, and instructed Potts to hold his wrists in front of him. The chains were replaced with plas- tic tie handcuffs while Lutczyk referenced his military training and then took Potts at gunpoint through a metal door into the industrial unit. But, eventually, Potts con- vinced Lutczyk to remove the handcuffs and eventually go to the Tim Hortons. GUILTY PLEA On Dec. 1, 2015, after three years of legal wrangling, Lutczyk, 48, pleaded guilty to Individuals performing their duties in the judicial system should have no fear of retribution for violence or threats from members of the public who perceive they have been wronged. The strength and integrity of this system of justice cannot be eroded or lessened by such actions. Lutczyk, in kidnapping David Potts, did exactly that. JUSTICE ALEXANDER SOSNA

