Dispute over missing phone ends with manslaughter conviction

A brutal attack at a tent encampment last year resulted in the death of one man and the imprisonment of another, all over a missing cell phone.

Article content

Joseph Trevor Alexander Cunningham-Davis, 35, of Brantford pleaded guilty this month to manslaughter in the death of 49-year-old Peter Pottruff, who was hit repeatedly with a baseball bat on May 25, 2022.

Article content

Pottruff was immediately hospitalized and treated but, after four weeks in a coma, died of blunt force injuries.

“That this happened over a cell phone – there are no words to express how tragic that is,” said Justice Robert Gee as he sentenced Cunningham-Davis.

The judge was disturbed that the court heard little about the victim in the case.

“It seems, to a certain extent, we’re not doing justice to Mr. Pottruff.

“I’m not sure if he had issues himself but that doesn’t alter the fact that everyone’s life has value. Even those who are on the margins of society, who are struggling with issues, deserve the protection of the court and deserve to be treated humanely.”

Article content

Assistant Crown attorney Alex Burns told the judge that Pottruff’s family declined to share victim impact statements but were in the court for the sentencing.

Burns said the incident occurred after Cunningham-Davis went to the homeless encampment twice in search of his missing cell phone and, during his second visit, with a companion, accused Pottruff and hit him with a baseball bat.

Cunningham-Davis and a co-accused were later charged with first-degree murder.

While there were several witnesses to the attack, they scattered and police struggled to connect to those willing to talk.

“Many had drug, homelessness, alcohol and mental health issues and there was limited evidence of planning and deliberation,” said Burns, explaining why the Crown had agreed to a joint submission for a nine-year sentence for Cunningham-Davis.

Article content

Since his arrest, about three months after the attack, Cunningham-Davis has moved quickly to plead guilty and take responsibility, said defense lawyer Shawn Swarts.

“At the time of the incident, he was not getting treatment for schizophrenia, was badly addicted to fentanyl and Benzedrine, and had been effectively homeless for more than a year,” Swarts said.

“Since his time in custody, he has sobered up, gotten off drugs and completed an anger management program. He’s done very well in custody once he was over the initial withdrawals.”

Cunningham-Davis offered no comment during the hearing.

“You obviously had issues you were struggling with at the time,” said the judge, “but even with those issues this is going to be a situation that requires a significant period in the penitentiary to ensure whatever form of justice we can give to Mr . Pottruff and his family.”

Gee said prison can’t put a value of a lost life but he hoped Pottruff’s family would find closure and comfort in the fact the person who took a life has paid a price.

He agreed to the nine-year sentence which, less time already served, leaves Cunningham-Davis seven years and four months in prison.

“You can honor Mr. Pottruff a bit by turning your life around. You have issues you recognize need addressing so use your time to address them.”

[email protected]

@EXPSGamble

Article content