Erick Buhr appealing conviction for second-degree murder of his grandmother

A man found guilty of the second-degree murder of his grandmother has filed a handwritten appeal. CTV’s Krista Simpson takes us through the case.

Erick Buhr is appealing his second-degree murder conviction.

On Nov. 4, 2024, after a three-and-a-half-week trial in which Buhr took the stand in own defense, he was found guilty of killing his grandmother, Viola Erb, at their home near Baden, Ont.

• CASE REVIEW: Erick Buhr guilty of second-degree murder of grandmother Viola Erb

A conviction for second-degree murder automatically means a life sentence. Buhr asked the court for parole eligibility after 12 years and proposed a 3-to-1 credit for the 29 months he had already spent behind bars. The judge denied his request and, as the Crown recommended, ruled he would be ineligible for parole for 17 years.

Claims of “insufficient assistance”

CTV News has obtained a copy of Buhr’s appeal which was submitted just days after his sentence was handed down in February 2025.

The 41-year-old is appealing both his conviction and sentence, citing a familiar reason.

Buhr fired his lawyer, Bruce Ritter, after the defense closed its case. He then requested a mistrial, telling Justice Gerry Taylor that, among other things, Ritter failed to let him know the Crown had his cellphone records and that body worn camera footage from first responders would be shown at trial.

The judge rejected Buhr’s request, calling it a “remedy of last resort.” He also noted that it would likely cause the trial to be delayed for a year or more.

“You didn’t present any evidence,” Justice Taylor stated at the time. “You made a bunch of allegations.”

Buhr’s appeal, handwritten in pencil, reiterated the argument he presented in court.

Specifically, insufficient assistance from his lawyer.

“As far as I was aware, the police hadn’t been able to break into my cellphone,” he wrote. “The records played a large part of the Crown’s case and I was not given this evidence ahead of time to jog my memory.”

Buhr also said he was not aware video of the murder scene, from a police officer’s body worn camera, would be shown in court.

During the trial, the Crown presented GPS data from an ankle monitor Buhr was wearing at the time of Erb’s death. The appeal stated he requested a detailed copy of that information multiple times.

Buhr also claimed the Crown was able to “manipulate the data in a way I’d only be able to explain if I’d had access prior to viewing once while in the defendents [sic] box.”

In the appeal, Buhr explained he wanted his lawyer to subpoena photos of his hands taken at police headquarters on the night of the murder.

“They prove that nothing is wrong, there’s no offence [sic] or defensive wounds to be shown and is the cause of why the Crown didn’t call them, as there [sic] evidence.”

Buhr also claimed Ritter failed to follow other instructions given by his client.

“I never was admitting to any crime, by any means, but I was curious about what the Crown would consider in terms of a plea,” he wrote in the document. “Mr. Ritter never once told me that he attempted to enter that avenue.”

Buhr alleged his lawyer told him: “This is my last murder trial, they’re to [sic] much work.”

“Clearly not the type of attitude I paid $66K for,” Buhr wrote. “Mr. Ritter also told me he used to golf with the judge.”

CTV News reached out to Ritter about the allegations made by Buhr in his appeal.

“It would be inappropriate for me to comment on a pending appeal,” he said.

Concern over charge

Buhr’s appeal also addressed problems he had with some of the judge’s decisions.

He felt the jury should have been given the option to find him guilty of manslaughter, a lesser charge than second-degree murder.

“It was guilty or not guilty, no in between [sic] which ultimately is taking ‘possibly’ many years of freedom away from me,” he wrote.

Buhr said that, after firing his lawyer and deciding to represent himself, he was not given access to a laptop at Maplehurst Correctional Complex to properly prepare for his own closing address, in spite of the judge’s order.

Appeal process

Buhr said a lawyer with Legal Aid Ontario is willing to help with his appeal.

“My rights as a Canadian Citizen have been violated in many ways,” he wrote. “I believe I deserve a second trial.”

Buhr also indicated he wanted to be tried again by a judge and jury.

Several more steps need to happen in the appeal process before a date is set for Buhr’s hearing.

CTV News has been told that it might take months for the matter to be addressed.