The Supreme Court of Tennessee has said no to a new trial for a man convicted in a Rutherford County Circuit Courtroom of especially aggravated robbery, aggravated burglary and aggravated assault. Rafael Antonio Bush was sentenced to 22-years behind bars in 2005 and claims that he received ineffective assistance from counsel at trial.
Over ten years ago, Bush and three accomplices broke into the home of a man and his family while the family was asleep. Bush located the head of the household who was asleep with his daughter. Bush woke the victim and reportedly pistol whipped him while demanding money. As the victim was holding his daughter, Bush opened fire shooting him once in the leg, according to the courts.
While Bush was demanding money from the father, Bush’s accomplices went through the home and stole wallets from other family members and a friend of the family who was staying in the house. The group then fled the scene.
The Tennessee Supreme Court did not see eye to eye with the appeal filed by Bush and denied the case from moving forward, according to the Supreme Court Discretionary Appeals list released this week.
Bush will remain bars up until 2027. At that point, he will be 50-years old. He will be eligible for parole in year 2022. Today, Bush is 37.
The case was originally before Judge Mark Rogers