NORWICH After being indicted last week on four felony charges accusing him of shooting two men, Lee M. Bush appeared in Chenango County Court at the request of the District Attorney’s Office Tuesday.
Assistant District Attorney Stephen Dunshee sought to have Bush thrown back in jail because less than 24 hours after his release Sept. 16, he was charged with possession of marijuana.
Bush was released without bail after initially being held on $10,000. According to police, Bush shot two men in his driveway with a 12-gauge shotgun, hitting them with birdshot at about 9:54 p.m., Sept. 5. The men were allegedly fleeing Bush’s Court Street residence in the City of Norwich following an “alcohol and drug-fueled argument,” said Norwich Police Chief Joseph Angelino.
Bush, 49, was indicted by the Chenango County Grand Jury last Wednesday for four felonies – first degree reckless endangerment, two counts of second degree assault and third degree criminal possession of a weapon.
Bush was convicted of fourth degree criminal mischief in June 2004 and a provision of his sentence was a restriction not allowing him to possess firearms. Police seized two shotguns from his residence Sept. 6, including the one allegedly fired at the two victims the night before.
Bush and his defense Attorney Aaron A. Dean appeared before Supreme Court Justice Kevin M. Dowd Tuesday, the same judge who had released him without bail earlier in the month.
“It reflected poor judgment on his part, but there are circumstances surrounding the charges not reflected by the people,” said Dean, referring to the shooting incident and possession charge.
Dean told the court earlier that the victims in the case were “two miscreants known to police” who beat the defendant’s girlfriend on the night of the shooting. Dunshee said the police investigation did not substantiate those accusations.
Also Dean said Bush had pleaded not guilty to the marijuana violation in Norwich City Court and was waiting for trial, saying that another individual tossed the marijuana pipe to Bush as police were coming up his driveway the day after he was released from custody.
Again, Dunshee objected, saying, “those are not the facts reported by the officers in the case.”
“In almost the exact same place (defendant’s driveway) where he shot these men, he was smoking dope less than a day after you let him out, your honor,” said Dunshee.
“I understand you’re a little old fashioned Mr. Bush, but you’re under the magnifying glass now and you must be a good citizen,” said Dowd, who added, “You’ve got a colored past and you’re something of a character in the city, but this is just stupid.”
Dowd said there where circumstances in the incident not yet released and ruled that he would allow Bush to remain out of jail, but warned the defendant that there would be no tolerance in the future.