NORWICH – A man charged with 12 felonies in connection with a fatal drug shoot-out appeared in court Friday after having one of his charges dismissed because of a change in state law.
James F. Bush, Burdick-Medbury Road, Town of Norwich, is charged with multiple gun felonies and one of the counts was dropped because of a recent legislature repeal, said District Attorney Joseph McBride.
Bush’s defense attorney, Thomas Cline, asked that several other counts on the indictment be reviewed by the court for dismissal, citing possible procedural discrepancies in their presentation to the grand jury.
McBride said he could not recall the specifics of the prosecution presentation made in September, but said his office follows a strict set of guidelines and had participated in similar grand jury proceedings many times before without incident.
“Your honor, I will let the grand jury minutes speak for themselves,” said McBride. The grand jury minutes are a detailed transcript kept during the indictment process that is a written record of anything presented to the jury.
Judge W. Howard Sullivan said he would review the transcripts but would not be able to hear the eventual resolution to many of the arguments being offered. Starting next year, Chenango County criminal cases will be heard by Supreme Court Justice Kevin M. Dowd.
Bush is accused of aiding another man, Joshua D. Richheimer of Pittsfield, in an attempted robbery of a local drug dealer. The incident led to a gun battle and the death of Richheimer July 24.
Investigators said Bush drove Richheimer to the home of Robert Reynolds, Pleasant Valley Road, Sherburne, on his motorcycle in order to rob Reynolds at gunpoint. Bush is also accused of providing Richheimer with the sawed-off shotgun used in the crime. A police investigation revealed that Reynolds killed Richheimer in self-defense.
In prior arguments, the defense pointed out that there are no eye witnesses in the case and contested that Richheimer concealed his activities from Bush.
McBride said Bush had lied to police investigators, changing his story repeatedly before eventually confessing to his involvement in the crime.
Police discovered the sawed-off barrel end belonging to the weapon used in the crime at Bush’s residence. The defense said that Bush was the one to alert police to its presence following his arrest. They also said Bush left the scene immediately after he heard gun shots and had no idea what had happened. Police reported that Bush made several phone calls to the residence of the victim and neighbors said he drove past the scene of the crime following the night of the incident.
“It’s very clear, very simple. He provided the gun, he provided the transportation, he had a personal relationship with the perpetrator, he gave us everything we need. There is no better case for acting in concert,” said McBride at the last court appearance in October.
Bush was indicted on two counts of first-degree burglary, two counts of first-degree criminal use of a firearm, three counts of first-degree robbery, two counts of second-degree criminal use of a firearm, second-degree criminal possession of a weapon, a felony, two counts of third-degree criminal possession of a weapon and two misdemeanor counts of fourth-degree criminal possession of a weapon.
Bush was remanded on $100,000 bail to the Chenango County Correctional Facility.