Prosecution rests in fatal drug robbery case
NORWICH – The prosecution brought its case against James F. Bush to close Thursday afternoon after calling 15 witnesses, including the victim of the drug robbery who shot and killed the Bush’s alleged co-conspirator.
Bush, 46, of Burdick Medbury Road in the Town of Norwich, faces 25 years to life if convicted of any of the top charges against him, including first degree burglary and first degree robbery.
He is accused of participating in the 2007 fatal robbery attempt by conspiring with Joshua Richheimer in planning the attack, owning and providing the sawed-off shotgun used in the alleged crime and driving the two to the home of the marijuana dealer with the intent to steal several hundred dollars in cash and several pounds of marijuana.
First Assistant District Attorney Stephen M. Dunshee told the jury Bush and Richheimer planned the robbery together and that the two got “dressed up for crime” at Bush’s residence. He claimed Richheimer put on camouflage pants, dark clothes and nylon gloves, leaving his jacket at Bush’s home where it was later discovered by deputies.
The man police say killed Richheimer in self defense in the robbery is Robert Reynolds, 46, of Pleasant Valley Road, Sherburne.
Reynolds agreed to testify against Bush in exchange for a plea bargain of two and a half years in state prison after pleading guilty to processing 3.5 to 4 pounds of marijuana. Reynolds also had to surrender tens of thousands of dollars worth of property and cash as part of the deal.
Reynolds testified in court that Bush, who was an acquaintance who knew he sold drugs, had called him just half an hour before the incident took place and then called the following morning after the shooting. Reynolds told the jury he thought Bush was directly involved in the attack, although he never saw him on the night in question.
“A convicted drug dealer, a man who buried Josh’s body with a backhoe in the woods, who tossed plastic flowers over his grave before covering him up, that’s the guy who’s going to be the main witness in this trial,” said Bush’s assigned counsel Joseph J. Ermeti of Binghamton.
The defense has continually attacked Reynolds’ credibility, remarking that the plea deal made by the prosecution avoided several potential charges.
Ermeti noted that drug paraphernalia, fireworks and the burying of Richheimer’s body were among the list of charges the prosecution elected to overlook in exchange for the deal. He also said Reynolds was a convicted felon who shouldn’t have had any firearms, although police uncovered loaded weapons at the time of his arrest.
Reynolds went into depth on the stand, explaining his drug trade and the violent gun shoot-out with Richheimer right before killing him.
Reynolds said he armed himself with his own 12-gauge shotgun after hearing banging on his front door and yelled out for Richheimer to leave before engaging him in a shoot-out. Richheimer fired the one and only round in his weapon during the fight and Reynolds fired five times, eventually killing Richheimer.
“I never thought of a mother missing a 34-year-old son. To me I looked at him and I only saw the devil,” said Reynolds in regards to his decision to bury Richheimer’s body.
Another key witness for the prosecution was Sheriff’s Lt. James E. Lloyd, who was the chief investigator on the case. Lloyd testified on the stand that Bush originally denied his involvement in the crime and attempted to dispose of the sawed off barrel that allegedly belonged to the shotgun used in the robbery by throwing it into the woods.
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.
The defense will present it case Monday afternoon before Supreme Court Justice Kevin M. Dowd.
Bush, 46, of Burdick Medbury Road in the Town of Norwich, faces 25 years to life if convicted of any of the top charges against him, including first degree burglary and first degree robbery.
He is accused of participating in the 2007 fatal robbery attempt by conspiring with Joshua Richheimer in planning the attack, owning and providing the sawed-off shotgun used in the alleged crime and driving the two to the home of the marijuana dealer with the intent to steal several hundred dollars in cash and several pounds of marijuana.
First Assistant District Attorney Stephen M. Dunshee told the jury Bush and Richheimer planned the robbery together and that the two got “dressed up for crime” at Bush’s residence. He claimed Richheimer put on camouflage pants, dark clothes and nylon gloves, leaving his jacket at Bush’s home where it was later discovered by deputies.
The man police say killed Richheimer in self defense in the robbery is Robert Reynolds, 46, of Pleasant Valley Road, Sherburne.
Reynolds agreed to testify against Bush in exchange for a plea bargain of two and a half years in state prison after pleading guilty to processing 3.5 to 4 pounds of marijuana. Reynolds also had to surrender tens of thousands of dollars worth of property and cash as part of the deal.
Reynolds testified in court that Bush, who was an acquaintance who knew he sold drugs, had called him just half an hour before the incident took place and then called the following morning after the shooting. Reynolds told the jury he thought Bush was directly involved in the attack, although he never saw him on the night in question.
“A convicted drug dealer, a man who buried Josh’s body with a backhoe in the woods, who tossed plastic flowers over his grave before covering him up, that’s the guy who’s going to be the main witness in this trial,” said Bush’s assigned counsel Joseph J. Ermeti of Binghamton.
The defense has continually attacked Reynolds’ credibility, remarking that the plea deal made by the prosecution avoided several potential charges.
Ermeti noted that drug paraphernalia, fireworks and the burying of Richheimer’s body were among the list of charges the prosecution elected to overlook in exchange for the deal. He also said Reynolds was a convicted felon who shouldn’t have had any firearms, although police uncovered loaded weapons at the time of his arrest.
Reynolds went into depth on the stand, explaining his drug trade and the violent gun shoot-out with Richheimer right before killing him.
Reynolds said he armed himself with his own 12-gauge shotgun after hearing banging on his front door and yelled out for Richheimer to leave before engaging him in a shoot-out. Richheimer fired the one and only round in his weapon during the fight and Reynolds fired five times, eventually killing Richheimer.
“I never thought of a mother missing a 34-year-old son. To me I looked at him and I only saw the devil,” said Reynolds in regards to his decision to bury Richheimer’s body.
Another key witness for the prosecution was Sheriff’s Lt. James E. Lloyd, who was the chief investigator on the case. Lloyd testified on the stand that Bush originally denied his involvement in the crime and attempted to dispose of the sawed off barrel that allegedly belonged to the shotgun used in the robbery by throwing it into the woods.
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.
The defense will present it case Monday afternoon before Supreme Court Justice Kevin M. Dowd.
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