TECUMSEH — Justin Busch crumpled over at the defense table when he heard the sentence — 30 to 50 years — for starting fires at the prison north of town during a Mother’s Day riot in 2015.
“Thirty years, that’s his life,†his father said as he walked out of the Johnson County courtroom.
Minutes earlier, Jeff Busch had offered a harsh critique of issues at Tecumseh State Correctional Institution, asking that his son not be used as a fall guy for systemic problems at the prison that continue to go unfixed.
“It’s still the same facility that’s still having the same issues,†he told Johnson County District Judge Ricky Scheiner. “They’re still having problems.â€
His son is housed at the Lincoln Correctional Center now.
Justin Busch, who earlier pleaded no contest to first-degree arson in the case, said he knows he made some bad choices, but he’s not a bad person.
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"I know I have to take responsibility for my actions. And I started those fires. And I did wrong. ... But I didn’t kill nobody. I had nothing to do with those deaths,†he said, referring to Shon Collins and Donald Peacock, who were found beaten to death after the riot, presumably at the hands of fellow inmates.
More than two years later, no one has been charged for the killings.
Schreiner said he didn’t hold Busch, 26, responsible for the deaths, but Busch had created an environment among the inmates that allowed the killings to happen.
“Mr. Busch, this was a serious event, and you were a major player,†he said.
Schreiner seemed bothered by Busch giving two versions of why he had done it. He told a probation officer he started the fires so inmates could get out of the yard and not be shot. But Busch earlier told investigators that he burned the doors and windows so he could “get at those people,†meaning prison staff, public servants who work to keep citizens safe from people like Busch, the judge said.
“There’s absolutely no excuse for what you did, none whatsoever,†Schreiner said before handing down the sentence, which could be interpreted as a message to other inmates.
Johnson County Attorney Rick Smith had asked for a lengthy sentence, but stopped short of suggesting a specific number.
“To say that Mr. Busch’s actions were part of that Mother’s Day riot seems to kind of undersell his actions,†he said.
Busch started fires to windows and doorways that gave inmates access to parts of the prison where they had no business being, the prosecutor said.
Smith said the fires caused significant damage to state property (the Department of Correctional Services said it cost millions of dollars to reopen the housing unit) and seriously endangered the health of inmates and staff.
“Those fires created chaos in an already chaotic situation,†Smith said, adding that they prolonged and exacerbated the riot.
At the time, Busch was serving an 18- to 24-year sentence for robbery and gun charges out of Douglas and Sarpy counties.
Defense attorney Lee Timan asked for a sentence with a low bottom number and high top number that would allow Busch the opportunity to "earn his freedom†by proving himself on parole.
Busch wasn’t the only one who had set fires that day, he said, and he didn’t intend to harm anyone.
“The intent, of course, was to draw light and attention to the major concerns that he had with Tecumseh State Correctional Institution,†Timan said.
Busch stopped and let out a sigh as he walked through the courtroom gate in chains, with two prison guards around him.
In the hallway, he doubled over as if about to collapse.
“Oh my God,†he cried out, and he could be heard yelling in an office where he was taken to talk to his lawyer.