NORWICH – An accused getaway driver facing life in prison for his alleged role in a deadly drug robbery will make his case before a jury today after rejecting a plea deal offering five years in state prison.
District Attorney Joseph McBride said James Bush turned down a five year prison sentence in a plea offer made Monday.
“If convicted, Bush could be sentenced up to 25 years to life,” said First Assistant District Attorney Stephen Dunshee, who will be trying the case.
Jury selection began at 10 a.m.
Bush, 46, of Burdick Medbury Road in Town of Norwich, is accused of being the driver in a deadly drug robbery at a Sherburne residence that went wrong, leaving Bush’s alleged co-conspirator dead.
Joshua D. Richheimer, 32, of Pittsfield was shot and killed in self-defense by Robert Reynolds, the drug dealer victim of the attack, at his Pleasant Valley Road home in the Town of Sherburne on July 24, 2007.
Police say Reynolds was a known drug dealer and he later pleaded guilty to felony criminal possession of marijuana after deputies seized over three pounds from the residence a week after the incident took place.
Reynolds, with the help of his neighbor, 21-year-old Nicholas S. Simonds, buried Richheimer’s body in a nearby wooded area in an attempt to cover up the incident.
Sheriff’s deputies, while inquiring into the disappearance of Richheimer, visited the Sherburne residence and found bullet holes on the outside of the home that would eventually lead to Reynolds’ arrest and the discovery of the buried body on July 31, 2007.
Reynolds, who had served time in prison for a prior drug felony conviction, said he hid the body instead of reporting the incident because he was afraid of going back to jail.
The prosecution contends that Richheimer was driven by Bush on his motorcycle to the scene, armed with Bush’s sawed-off shot gun and kicked down the door of the Reynolds’ residence at about 9:45 p.m.
Reynolds said the invasion took place just after he had sold a large quantity of marijuana to another man who had recently left.
Reynolds said he armed himself with his own 12-gauge shotgun that was kept loaded next to his bed and engaged Richheimer in a shoot-out. Reynolds claims he was shot at first and then returned fire. During the gun battle, Richheimer was shot in the abdomen and died.
Simonds was not in the home at the time of the incident but was a close neighbor and friend of Reynolds and helped to later bury the body.
In a search warrant carried out in August 2007, police said they discovered the shotgun barrel end at Bush’s residence that matched the gun that was buried with Richheimer’s body.
Investigators said that the black leather motorcycle jacket Richheimer was last seen wearing was also found at Bush’s residence
Simonds was sentenced to six months in the county jail starting Jan. 2, after pleading guilty to evidence tampering.
Reynolds pleaded guilty to criminal possession of marijuana and was sentenced to one to two and a half years in state prison in an arrangement with the District Attorney’s Office to testify against Bush.
Reynolds also had to surrender his bank accounts and some property, totaling nearly $30,000. McBride said the money will go to the county to be used by local law enforcement agencies in drug prevention programs.
Although Bush is not accused of directly taking part in the shoot-out, he is being charged as an accomplice facing all the potential felonies committed in concert by his deceased co-conspirator, Richheimer.
McBride claims Bush lied to police investigators and confessed to his involvement in the crime.
Assigned defense attorney Joseph J. Ermeti said his client was at the scene but left immediately after he heard gun shots and had no idea what had happened.
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 remains at the Chenango County Correctional Facility in lieu $10,000 bail.