Sentencing for man who shot officer delayed

Joshua Rosebush, right, is seen during a court appearance in 10th Circuit Court in Saginaw in this Wednesday photo.

SAGINAW — Approximately 75 people gathered Wednesday to learn the sentence for Joshua Rosebush, who was convicted of shooting Saginaw Township police officer Jeff Koenig in the face and setting off a multi-county crime spree.

In a standing-room only 10th Circuit Courtroom were about a dozen Saginaw Township police officers, numerous TV and print media representatives, members of the prosecution and defense teams, as well as several victims.

Judge Andre Borrello ruled, however, that the public will have to wait a bit longer to learn the fate of Rosebush, 30, after defense attorney Rod O’Farrell filed several motions, including one challenging how sentencing guidelines were calculated.

O’Farrell said his motions concerned the way guidelines were scored by the pre-sentence investigation, which affects the length of any sentence Rosebush will receive.

“I apologize to court and counsel, and actually to everyone, that I wasn’t able to get these prepared and heard in a timely manner today,” O’Farrell told Borrello. “It’s somewhat difficult with my client being in Carson City. I feel it requires face-to-face contact with my client to be able to discuss these issues and be able to effectively represent him… For these reasons, I am asking that sentencing be adjourned.”

Saginaw County assistant prosecutor Blair Stevenson said even though there may be disagreements with the defense about scoring, Rosebush effectively broke the table used for determining sentencing.

“I have many individuals in here, and several victims that were ready to speak, some from out of town,” Stevenson said. “Right now, the defendant is scored at 171 points, which is 71 points off the grid, higher than the grid even scores. So you take that 25 points off, and it still makes no difference. It goes against case law. The law is on our side and the case is clear. ”

“I understand that what counsel is bringing up may not affect the actual months in the estimated guidelines,” Borrello said while making his ruling. “Theoretically, that doesn’t matter. I’d rather be safe and do my job the way I’m supposed to.”

Rosebush, who wore dress clothing during his trial on 26 felony charges, was wearing a blue jail jumpsuit, and did not speak during Wednesday’s hearing. He was flanked by several Saginaw County sheriff’s deputies and Michigan Department of Corrections guards.

While ruling on the motions by O’Farrell, Borrello reminded everyone in attendance that Rosebush “wasn’t going anywhere.”

“He will be incarcerated until he’s sentenced,” Borrello continued. “So I don’t feel that there’s any rush on my part, other than I know there’s inconvenience to the community and some people who wanted to speak. I’m going to do everything I can to ensure that the victims in this matter have their chance to address the court. Aside from that inconvenience, justice needs to be meted out in the way that ensures accuracy to the best of my ability.”

Rosebush, 30, was convicted Oct. 5 on 26 felony counts, including attempted murder and one lesser included charge of assault with intent to do great bodily harm, instead of another attempted murder charge.

The second count was for the attempted shooting of a Shiawassee County deputy, but the jury found that since Rosebush never fired at the deputy, they included the lesser charge. The jury returned verdicts on all other charges Rosebush faced, including 13 felony firearms counts, one count of receiving/concealing a stolen firearm, three counts of vehicle theft, one count of assault/resisting/obstructing a police officer and six counts of felon possessing a firearm.

Borrello did not set further dates to hear arguments at Wednesday’s hearing.

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