In 'cold-blooded crime spree,' Corry resident pleads guilty to double murder, gets life

A Corry man accused of killing two people in a short but violent crime spree that spanned Erie and Warren counties in June 2020 said nothing as he stood in an Erie County courtroom on Monday morning after pleading guilty to one count each of second- and third-degree murder.

Family members of the men Cody J. Potthoff was charged with killing had plenty to say.

Daniel Burick, the son of 66-year-old John C. Burick, whom Potthoff was accused of shooting in the head as Potthoff robbed the victim of his pickup truck, said there was no doubt in his mind that his father was trying to help Potthoff that day.

Burick said his father likely was "looking in the face of his murder" and was thinking about a kid who needed help.

But after Potthoff took John Burick's life "and what he needed," Potthoff "dumped his body in the dirt," Burick said.

Phyllis Welden, the mother of 41-year-old Ian Welden, whom Potthoff is accused of shooting in the head in North East Township, talked about the hole left in the fabric of her family by her only son's death.

She recalled laying her head on her son's chest and listening to his heartbeat, the "steady, reassuring sound of my creation."

"But now, it cannot happen," she said.

Potthoff, 26, was sentenced to life plus up to another 30 years in state prison on his guilty pleas, which he entered before Erie County Judge John J. Mead days before he was scheduled for trial on charges including homicide, robbery and burglary in four criminal cases filed by the Pennsylvania State Police.

Jury selection was set to start on Wednesday. Mead sentenced Potthoff immediately after he accepted his plea.

Potthoff, who is not eligible for parole, was accused of fatally shooting Welden at the North East Township home of Potthoff's father on June 16, 2020; of fatally shooting Burick while robbing Burick of his pickup truck in Harborcreek Township on June 17, 2020; and of stealing four other vehicles before the crime spree ended when authorities arrested Potthoff at a Warren County homeless shelter on June 18, 2020.

In Burick's death, Potthoff pleaded guilty to second-degree murder, or a homicide committed during a felony, such as a robbery. Second-degree murder carries a mandatory sentence of life in prison with no parole.

In Welden's death, Potthoff pleaded guilty to third-degree murder, or an unpremeditated killing with malice. Third-degree murder carries a maximum sentence of 40 years in state prison. Assistant Erie County District Attorney Jeremy Lightner, who handled the case, said the prosecution recommended a sentence of 15 to 30 years on that count.

Mead accepted the recommendation and ran the life sentence and the sentence of 15 to 30 years consecutively.

Potthoff had no comment at the sentencing.

In sentencing Potthoff, Mead said that, in all of his years as an attorney and judge, he has "never seen a cold-blooded crime spree quite like this."

Man faces trial in Erie County killings: Erie County double-homicide case sent to court

A possible motive in the killings was never spelled out in case documents or court hearings. But one man who state police charged with assisting Potthoff in concealing Welden's body after the killing testified during Potthoff's preliminary hearing in July 2020 that the pair had been ingesting bath salts and methamphetamine and that neither had slept for about a week before meeting up days before the crime spree began.

The Erie County District Attorney's Office had considered seeking the death penalty against Potthoff in the two homicides before announcing in September 2020 that it would not. District Attorney Jack Daneri said at the time that while the charges against Potthoff included aggravating factors that would allow his office to pursue capital punishment, other factors at issue and "the current status of the death penalty in Pennsylvania" led his office to decline to pursue the death penalty.

Pottoff would have received an automatic life sentence with no parole if he were convicted at trial of first-degree murder, and could have faced two consecutive life terms for killing two people.

The crimes

Potthoff was wanted by the Erie Bureau of Police on charges of shooting a man in the city on June 11, 2020, when, on June 17, 2020, authorities said he fled from a traffic stop in Edinboro.

Edinboro police pursued the vehicle, a Nissan Sentra, before it crashed on a gravel road in Washington Township and the occupants ran off. State police towed the Nissan to the agency's Girard barracks, and during a search of the car Welden's body was found in the trunk, according to investigators.

State police accused Potthoff of killing Welden sometime on June 16, 2020, at the home of Potthoff's father in North East Township.

After Potthoff ran from the Nissan Sentra when it crashed in Washington Township, Potthoff stole an all-terrain vehicle and fled into a wooded area, authorities said. Later that morning, investigators charged that Potthoff went to a residence in the Edinboro area, confronted a man at gunpoint, forced the man into his house and took the keys to a 2013 Chevrolet Silverado that Potthoff fled in.

Sometime after that, on June 17, 2020, state police accused Potthoff of encountering Burick and killing him while robbing Burick of his Ford F-150 in Harborcreek. Burick's body was found on state game lands in Greenfield Township on June 19, 2020. The stolen pickup truck was later located in Warren County.

DA: No death penalty in killings: Erie DA opts not to seek death penalty in double murder

Authorities additionally charge that, while on the run, Potthoff stole a Jeep Liberty from a residence in Columbus Township, Warren County. The Jeep was recovered in Warren County on June 18, 2020, the same day authorities said they took Potthoff into custody at a homeless shelter in Conewango Township, Warren County.

The plea deal

Lightner said at the outset of Potthoff's plea and sentencing hearing on Monday that prosecutors were prepared to go to trial on all of the criminal cases that Potthoff faced. Four cases related to the crime spree, including the two homicides, and one related to the shooting in Erie on June 11, 2020, in which Potthoff faced charges including attempted homicide.

Lightner told Mead that prosecutors were ready to present a series of witnesses and forensic evidence that he said included Burick's DNA found on a gun recovered from Potthoff; Burick's blood and Potthoff's DNA in Burick's stolen truck; and Potthoff's DNA found on a bottle near where Burick's body was recovered.

He said the plea deal reached between his office and Potthoff's lawyer, Gene Placidi, made sense, as his office's intention was for Potthoff to die in prison.

Placidi, in his brief remarks to the court, said Potthoff accepts responsibility for his actions and noted that his client has mental health issues.

Potthoff is hoping through his pleas to bring the Welden and Burick families some type of closure, Placidi said.

Potthoff declined to comment after Mead asked him if he had anything to say following Placidi's remarks.

Lightner limited his comments to the judge, calling instead Welden's mother and Burick's son to speak.

Phyllis Welden said her family wants to see Potthoff behind bars for life, "a just punishment for what you have done."

Daniel Burick said he believes Potthoff should have received the death penalty, noting that Potthoff will still be able to see his family while all his family has left is "memories and a box of ashes."

"I can only hope scum like you will never see the light of day. But if you do, I will be here. I will be waiting," he said.

Others charged

State police charged two people who investigators said were with Potthoff when Welden's body was placed in the trunk of the Nissan.

Cameron J. Zimmerman, 25, of Union City, faces misdemeanor counts of abuse of a corpse and tampering with evidence. He is scheduled for trial in January, according to online court docket information.

Motive unclear: Police investigating motive in Erie man’s crime spree

Also scheduled for trial in January is Jessica A. Nye, 42, of Girard, who faces a felony count of hindering apprehension and misdemeanor counts of abuse of a corpse and tampering with evidence.

State police additionally charged Warren County resident Benjamin P. Luczywek, 37, with two felony counts of hindering apprehension and a misdemeanor count of tampering with evidence. Luczywek, who is scheduled for trial in January, is accused of aiding Potthoff in his run from police by providing him with clothing and helping him ditch the stolen Jeep.

Contact Tim Hahn at thahn@timesnews.com. Follow him on Twitter @ETNhahn.

This article originally appeared on Erie Times-News: Erie County double murder: Corry man pleads guilty, sentenced to life