NORWICH – Almost a year has passed since a home invasion in Sherburne that led to the death of Pittsfield man.
Standing before a county judge Monday, a man being held in connection with the crime received a three-week furlough before final sentencing on June 23.
Robert R. Reynolds, 46, of 476 Pleasant Valley Rd., has been incarcerated since the summer of 2007 following his involvement in a fatal shoot-out with Joshua Richheimer, who had broken into Reynolds’ home in order to rob him of money and drugs.
In exchange for his testimony against Richheimer’s alleged accomplice, Reynolds was convicted of second degree criminal possession of marijuana, a class D felony.
Before pre-sentencing got underway, District Attorney Joseph McBride asked Judge W. Howard Sullivan to allow victim statements. Richheimer’s mother was the first to speak, saying she disagreed with the plea deal handed to Reynolds.
“When I was younger, I was always told, you do the crime, you do the time,” she said, adding that she was in court on her son’s behalf. “I am here because my son was killed, and his voice will not be heard to tell his portion of what happened.”
“I am looking for some justice for my son,” she said.
McBride spoke briefly, saying that if it were not for the fact that the defendant had been dealing drugs, the incident would never have happened.
Reynold’s Defense Attorney Scott Clippinger countered McBride’s argument later in the proceedings, saying, “That is like blaming a bank for holding money.”
Charges were first brought against Reynolds in the summer of 2007 after Chenango County Sheriff’s found Richheimer’s remains approximately 100 yards from Reynolds’ home. The body was buried in a shallow, make-shift grave with a back-hoe about 40 yards into a wooded area.
Reynolds reportedly gave deputies the directions to find the body and claimed the crime was committed in self-defense.
“Is it still self-defense when someone left a body for five days and then buried Josh across the street with a back-hoe?” asked Richheimer’s widow. “I am led to believe this is a just country, not a country that allows a man to bury another like a dog.”
Investigations into the case indicated later that Richheimer, and his driver, James F. Bush – whom Reynolds will testify against – of Burdick Medbury Road, Norwich, drove to Reynolds’ home where Richheimer intended to rob the Sherburne resident.
Monday, Reynolds was asked to recall the crime to the court. “I wished the whole thing never happened,” he said. Reynolds said the incident was out of his control. “I didn’t ask for this, I don’t deserve this,” he said, adding that he was a victim, too.
“The guy kicked in my door. I kept a gun by my bed because I had been robbed in the months previous,” said the defendant. He recalled that Richheimer “would not leave” and that he “was so scared his legs were shaking.”
Reynolds, while getting louder in the court room and clearly showing emotion, said the Pittsfield man kept coming after him, and after shooting him the last time in the stomach, the defendant searched the backpack that Richheimer had brought with him.
“I found pre-cut tape, bungee cords, a poker, buckshot and knives,” said Reynolds. He also said he found paper with the phone number of Bush and the person who robbed him months before.” “This guy did this to himself,” he said.
Reynolds said he would have called 911 to get help, but the time had passed quickly. He stated that he went outside to re-load his gun, hid there for 45 minutes, not knowing if there was anyone else after him. Once re-entering his home, Reynolds said, “There was no help, he was already dead, with the gun still in his hand.”
As the defendant finished his statement to the court, he addressed Richheimer’s mother, saying he was sorry for what had happened. “I wish I could take it all back,” he said. “I didn’t want to hurt that guy.” Reynolds briefly mentioned that he “should have used better judgment” and “not have solicited help” from a friend to move Richheimer’s body.
Judge Sullivan agreed to release Reynolds for three weeks before he is officially sentenced. The defendant is expected to receive 2 1/2 years in state prison with time already served counting toward his release, one year post-release supervision, various fees and surcharges and the promise that he will testify against James Bush at a later date.
“People who get involved in the drug business take on an added risk; with that risk comes consequences,” said the judge.