SAGINAW (WJRT) (11/06/19) - Sentencing for the man convicted of shooting a Saginaw Township police officer and other related crimes has been delayed.
Joshua Rosebush, 30, appeared in Saginaw County Circuit Court on Wednesday afternoon to be sentenced. Instead, his court-appointed attorney asked the judge for more time.
"After conferring with my client I am requesting that this matter be adjourned today. I will file my motions promptly," said Rod O'Farrell with the Saginaw Public Defender's Office.
In October, Rosebush was convicted of assault with intent to murder for the shooting of Saginaw Township Police Officer Jeff Koenig on Jan. 22, along with 25 additional crimes.
The other most serious charge stems from his standoff with Shiawassee County Det. Lt. Scott Shenk. He is the law enforcement officer who shot Rosebush, leading to his arrest in Shiawassee County's Woodhull Township.
Shenk was in court for Rosebush's sentencing, but Koenig was not able to appear. Other people affected by the crime spree were there too.
They expected to learn how many years Rosebush would spend in prison. Instead, they listened as O'Farrell made a different move.
"It's my intention to file a motion for a new trial in this case," O'Farrell said.
He cited a 1957 law designed for defendants awaiting trial while being held in prison. He also wants the score from the sentencing guidelines re-evaluated. He disagrees on the number of victims in the case.
Saginaw County Assistant Prosecutor Blair Stevenson argued even if the score was changed, it wouldn't matter.
"Right now, the defendant is scored at 171 points, which is 71 points off the grid, higher than it even scores so we take those 25 points away and it still makes no difference," he said.
Afterwards, Stevenson shared his frustration that O'Farrell waited until the day of sentencing to formally bring up the issues.
"We had a lot of officers with us. We had victims that wanted to speak today, but unfortunately it's going to have to wait for another day," Stevenson said.
In the end, Judge Andre Borrello agreed to give the scoring a second look.
"Aside from that inconvenience, justice needs to be meted out in the way that ensures accuracy to the best of my ability, and I'm going to uphold that ideal," Borrello said.
A future court date has not been scheduled.
"So it's frustrating, but unfortunately things like this do happen," Stevenson said.