NORWICH – A man charged with multiple violent felonies for his role in a drug shoot-out that left another man dead appeared in court Monday to affirm his desire to seek a jury trial.
James F. Bush, 46, Burdick Medbury Road, Town of Norwich, has pleaded not guilty to a number of violent felonies against him and told the court Monday that he wants a jury of his peers to decide the case.
“It is my understanding that the defendant, Mr. Bush, has denied a plea arrangement for five years in state prison, against the advice of counsel, and is seeking trial,” District Attorney Joseph McBride said Monday, after the defense and prosecution attempted a last-ditch effort to broker a deal.
Bush is accused of 11 felonies and two misdemeanors for his role in an attempted robbery of a local drug dealer, which ultimately led to a shotgun battle and the death of his alleged co-conspirator, Joshua D. Richheimer of Pittsfield, on July 24, 2007.
“You do understand, sir, that you could be potentially facing a very long time in prison?” asked Supreme Court Justice Kevin M. Dowd, to which Bush responded, “Yes sir.”
Although Bush is not accused of directly taking part in the shoot-out, he is being charged as an accomplice for allegedly driving an armed Richheimer to the victim’s residence with an intent and knowledge to commit several crimes.
Investigators say Bush drove Richheimer on his motorcycle to the home of Robert Reynolds on Pleasant Valley Road in the Town of Sherburne in order to rob the known drug dealer at gunpoint.
Bush has been charged in concert with all the potential felonies that might have faced his deceased co-conspirator, Richheimer.
Reynolds killed Richheimer in self defense and later buried the body in a wooded area near his home, hoping to avoid prosecution for the three pounds of marijuana in his possession, which might have been the target of the attack.
Under a plea deal with the Chenango District Attorney’s office, Reynolds pleaded guilty to a charge of criminal possession of marijuana in the second degree, a class D felony, and faces one to two and a half years in state prison. He also received one year post-release supervision, various fines and surcharges and guaranteed that he will testify against Bush.
McBride said in an Oct. 9, 2007 bail hearing that Bush had lied to police investigators and changed his story repeatedly before eventually confessing to his involvement in the crime.
“First he lied to police and told them he had no involvement and then after it was obvious, he admitted to some aspects and minimized his involvement. In the final statement to police, he admitted providing the gun and also that he hid his motorcycle following the failed robbery,” said McBride last year.
Police said they found the sawed-off barrel end of the shotgun allegedly used in the crime during a search carried out at Bush’s residence.
Bush’s assigned defense attorney Joseph J. Ermeti contended at the hearing that Bush left the scene immediately after he heard gun shots and had no idea what had happened. Police said 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.
“Mr. Bush is a career criminal. He knows that you don’t just bring guns, masks, duct tape and gloves without a reason for them. He is no stranger to home invasions according to his rap sheet,” said McBride at the hearing.
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, one count of third-degree criminal possession of a weapon and two misdemeanor counts of fourth-degree criminal possession of a weapon.
Police said Bush has been arrested more than 40 times and is a convicted felon.
Bush was remanded to the Chenango County Correctional Facility on $10,000 bail and his trial is set to begin at 9:30 a.m., Oct. 14 with jury selection.