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Parolee who shot police officer gets 75 years in prison

MLive- Flint/Saginaw/Bay City logo MLive- Flint/Saginaw/Bay City 11/28/2019 By Cole Waterman, mlive.com
a man wearing a suit and tie sitting in front of a curtain: Saginaw Township Officer Jeff Koenig takes the stand to testify during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Saginaw Township Officer Jeff Koenig takes the stand to testify during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

SAGINAW, MI — The day before Thanksgiving, Joshua M. Rosebush learned he’d spend at least 75 years in prison for twice shooting a Saginaw Township police officer during a routine traffic stop.

Bearing a scar from the bullet he took to his own jaw during his arrest, a shackled 30-year-old Rosebush appeared before Saginaw County Circuit Judge Andre R. Borrello for sentencing the afternoon of Wednesday, Nov. 27. The judge handed down 26 terms, one for each of the charges a jury convicted him of in October:

1/4 u00b7 75 years to 115 years

1/4 u00b7 152 months to 90 years

1/4 u00b7 46 months to 15 years

1/4 u00b7 Five terms of 76 months to 90 years

1/4 u00b7 Five terms of 58 months to 90 years

1/4 u00b7 13 terms of a flat two years

The two-year terms are concurrent to each other but consecutive to all other stints. The remaining stints are concurrent to one another.

Borrello ordered Rosebush pay a total of $1,253.44 in restitution to two people affected by his crime spree. He gave Rosebush no credit for time already served.

“Citizens put their trust in police officers every day,” Borrello said. “The act of shooting an active police officer shocks the community.”

When Officer Jeff Koenig stopped Rosebush in a truck -- which was later determined to be stolen -- he was “attempting to do the most basic of public safety duties: inform a driver his headlights were off and needed to be illuminated, for the driver’s own safety and for the safety of those on the road,” the judge continued. “Officer Koenig didn’t believe he was in any danger. The defendant had other thoughts. He gunned down Officer Koenig, shooting him twice at pointblank range.”

a man wearing a suit and tie: Defense attorney Rod O'Farrell gives his opening statement to the jury during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Defense attorney Rod O'Farrell gives his opening statement to the jury during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

The judge then spoke directly to Rosebush

“Mr. Rosebush, your actions were violent and put the public, in addition to those police officers, at risk. You terrorized and terrified the citizens of three counties and put the Great Lakes Bay Region on edge.”

Rosebush, with shoulders slumped and a hangdog expression on his face, stood beside defense attorney Rod J. O’Farrell as he addressed the judge before the sentences were imposed.

a man wearing a suit and tie: Deputy Chief Assistant Prosector Blair Stevenson uses his hands to make the shape of a gun as he gives his opening statement, where he identities how defendant Joshua Rosebush shot two rounds off at police officer Jeff Koenig during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Deputy Chief Assistant Prosector Blair Stevenson uses his hands to make the shape of a gun as he gives his opening statement, where he identities how defendant Joshua Rosebush shot two rounds off at police officer Jeff Koenig during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

“It’s so dangerous when a cop who is doing his job… You don’t have your lights on, and he’s just coming up to say, ‘Hey, turn your lights on, buddy.’ Thank God that Officer Koenig wasn’t killed," said O’Farrell.

Rosebush then addressed the judge, speaking slowly in a low voice.

“I’d just like to say ... that I’m sorry for any suffering that I’ve caused,” he said. “I’m happy that Officer Koenig is OK.”

Frequently pausing to gather himself, Rosebush said he plans to take courses in prison to learn how to control his impulses.

Saginaw County Assistant Prosecutor Blair N. Stevenson asked Borrello to sentence Rosebush to prison for the rest of his life, citing in part his litany of prior felony convictions and his failure to successfully complete prior parole and probation terms.

Saginaw Township Police Sgt. Michele Fleming spoke on behalf of Koenig.

“You are a coward,” she said to Rosebush. “You tried to take our Jeff away from us and why? Because you’re a coward. You were driving around with your headlights off because you knew it would cause a traffic stop. It would not have mattered which one of us was standing at that window. You were trying to kill any police officer.”

Fleming thanked Shiawassee Township Sheriff’s Detective Lt. Scott Shenk, who shot Rosebush twice and arrested him.

a man wearing a suit and tie: Joshua Rosebush re-enters the courtroom after a recess was had for lunch during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Joshua Rosebush re-enters the courtroom after a recess was had for lunch during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

“Jeff still has long road ahead of him, more surgery and permanent scars,” Fleming said. “With that said, he will recover. You tried to hurt us all that day, but all you did was make us stronger.

a group of people standing next to a man in a suit and tie: Saginaw Township Officer Jeff Koenig begins to shake hands with his family and legal council after leaving the courtroom after testifying during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Saginaw Township Officer Jeff Koenig begins to shake hands with his family and legal council after leaving the courtroom after testifying during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

“With that said, ‘Nighty, night,’” the sergeant concluded, quoting what Rosebush himself said to Koenig just before shooting him.

Bey Logan et al. standing in front of a crowd posing for the camera: Members of the Saginaw Police Department show support for their fellow office Jeff Koeing during the sentencing for Joshua M. Rosebush in Andre Borello's courtroom at The Saginaw County Courthouse on Wednesday, Nov. 6, 2019. The sentencing was adjourned without a reschedule date. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Members of the Saginaw Police Department show support for their fellow office Jeff Koeing during the sentencing for Joshua M. Rosebush in Andre Borello's courtroom at The Saginaw County Courthouse on Wednesday, Nov. 6, 2019. The sentencing was adjourned without a reschedule date.

A three-week trial ended Oct. 4 with a jury finding Rosebush guilty of 26 charges — one count of assault with intent to murder, one count of assault with intent to do great bodily harm less than murder, 13 counts of felony firearm, five counts of felon in possession of a firearm, three counts of unlawfully driving away a motor vehicle, and single counts of assaulting, resisting, or obstructing police, receiving and concealing of a stolen firearm, and carrying a dangerous weapon with unlawful intent.

Rosebush had been accused of shooting of Koenig and attempting to shoot Shenk. During his closing argument, O’Farrell had asked the jury to find his client guilty of the lesser count of assault with intent to do great bodily harm less than murder, which they did with the charges related to his assault on Shenk.

a group of people posing for the camera: Members of the Saginaw Police Department show support for their fellow office Jeff Koeing during the sentencing for Joshua M. Rosebush in Andre Borello's courtroom at The Saginaw County Courthouse on Wednesday, Nov. 6, 2019. The sentencing was adjourned without a reschedule date. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Members of the Saginaw Police Department show support for their fellow office Jeff Koeing during the sentencing for Joshua M. Rosebush in Andre Borello's courtroom at The Saginaw County Courthouse on Wednesday, Nov. 6, 2019. The sentencing was adjourned without a reschedule date.

Case background

Police and Michigan Department of Corrections officials have said Rosebush, a Vassar man on parole, on Jan. 3 cut off two electronic tethers that he had on his ankles. He then stole a vehicle in the area of Vassar’s West Maple Street, a theft that was reported at 6:20 a.m., authorities alleged.

a man wearing a suit and tie: Defense attorney Rod O'Farrell gives his opening statement to the jury during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Defense attorney Rod O'Farrell gives his opening statement to the jury during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

Police found the vehicle a few hours later in a ditch but learned a 2007 Ford pickup truck had been stolen.

Though Michigan’s Absconder Recovery Unit searched for Rosebush for weeks, he managed to stay on the lam and evade capture.

Early in the morning of Jan. 22, police say Officer Koenig pulled over a white Dodge Ram for driving with its headlights off. Koenig did not know Rosebush was the driver, police say, or that the truck had been stolen.

a group of people standing in a room: Deputy Chief Assistant Prosector Blair Stevenson points directly at defendant Joshua Rosebush as he identifies what he is going to prove that he did back in January of this year in his open statement during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019. © Rachel Ellis | MLive.com/Rachel Ellis | MLive.com/mlive.com/TNS Deputy Chief Assistant Prosector Blair Stevenson points directly at defendant Joshua Rosebush as he identifies what he is going to prove that he did back in January of this year in his open statement during the first day of the trial of the people verses Joshua Rosebush at The Saginaw County Courthouse, Judge Andre Borello's courtroom, Friday, Sept. 27, 2019.

The encounter turned violent when, prosecutors allege, Rosebush shot Koenig twice with a stolen .380-caliber pistol, striking Koenig in the jaw and shoulder. Rosebush fled the scene before backup arrived, eventually dumping the truck in Saginaw, police allege.

Police have said Rosebush stole two more vehicles as he made his way south through Genesee County and into Shiawassee County. The afternoon of the shooting, Detective Lt. Shenk spotted Rosebush driving a van east on Interstate 69 and followed him.

Rosebush pulled over, jumped from the van, assumed a crouched position, and aimed a handgun at Shenk, the lieutenant testified. Shenk fired two rounds, striking Rosebush in the right side of his face and his shoulder.

Rosebush was arrested and taken to Sparrow Hospital. There, Michigan State Police Detective Sgt. David Rivard interviewed him, getting a recorded confession from the suspect.

On the recording, Rivard asks him if Koenig said anything when he approached the vehicle Rosebush was driving.

“No, I didn’t give him time,” Rosebush says. “I shot him point blank in the face … twice. I ran as fast as I could.”

Koenig testified Rosebush said “night, night” before firing at him.

In July, a Tuscola County judge sentenced Rosebush to two concurrent terms of 16 months to two years and 30 months to five years after the defendant pleaded no contest to single counts of tampering with an electronic monitoring device and unlawfully driving away a motor vehicle, respectively.

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