FARMINGTON – In a surprise move, the state dropped an attempted murder charge Tuesday against a young Farmington farmer accused of shooting his mother. A state prosecutor said new evidence was discovered that would create reasonable doubt about whether Joshua Osborne shot his mother in the chest last July.

Osborne, 23, of Farmington was expected to go on trial Tuesday but a plea agreement was reached instead. He was accused of shooting his mother, Janette Osborne, while she was hanging out clothes in a dispute over the sale of the family farm. He also tried to hire a cousin for $15,000 to shoot his mother the day before she was shot.

Osborne pleaded guilty to criminal solicitation to commit murder, which carries up to 20 years in jail, reckless conduct with a dangerous weapon and tampering with a witness Tuesday in Franklin County Superior Court.

Justice Joseph Jabar sentenced Osborne to serve a total of two years of a five-year sentence and four years probation. He also ordered him to undergo psychological evaluation and to take part in treatment if warranted. Osborne is prohibited from possessing any firearms or dangerous weapons upon his release.

Jabar also told Osborne he isn’t to have any contact with his mother unless she makes a written request to see him.

Jabar told Osborne the only reason he went along with the agreement was because Osborne’s mother stepped forward and, in effect, was willing to forgive him.

While the jury was sequestered, Assistant District Attorney Andrew Robinson said that some statements allegedly made by co-defendant Donna Enman, Joshua Osborne’s girlfriend, turns blame toward herself, and taken together with physical evidence, the state would not be able to prove beyond a reasonable doubt that Osborne shot his mother.

There was also evidence of notes being exchanged between Enman and Osborne, while Enman was in jail and when she was released after she had her baby, Joshua Osborne Jr., that allegedly shows the defendant giving Enman very detailed coaching to try to get Enman to change her testimony.

Enman also is accused of attempted murder.

Robinson requested Osborne serve nine months in jail for solicitation to commit murder, a consecutive nine months in jail for reckless conduct with a dangerous weapon, and a consecutive five years in jail with all but six months suspended for tampering with a witness, and four years probation. He also asked for the conditions placed on Osborne upon his release.

Hard worker

Osborne’s attorney Kevin Joyce said his client was a hard worker who had been pulled from school when he was 12 to be home-schooled and work on the family farm. His parents split up and Osborne stayed home with his father, who was grieving the separation, and sometimes took out his frustration and concerns on his son, Joyce said. His father died suddenly, and Osborne was trying to figure out a way to save the farm, he said. He refinanced his skidder in attempt to buy the farm from his mother. When the deal fell through, things escalated out of control.

Osborne’s mother told the court prior to sentencing that she would like to have contact with her son.

“I think it’s fair,” Janette Osborne said of the agreement.

She said she thinks her son needs psychological help and this would give him an opportunity to get it.

She also told Jabar that she didn’t think Joshua was shooting at her when he shot at her car, after she had been shot in the chest and was driving herself to the hospital. Janette Osborne said she thought he was shooting at the tires.

He has used guns for a long time, she said, and if he wanted to hit her he would have.

Janette Osborne also said she believed the shot that struck her in the chest came from the pole barn.

‘I don’t know’

“I don’t know who shot me,” Osborne said.

Her son said he was sorry for the incident and regretted that someone got hurt on his account.

Both Robinson and Joyce later called the disposition and sentence fair.

“I think it was a real good one for Josh… it allows him to take responsibility for his part in what happened,” Joyce said. “He is really relieved to have this behind him. He wants to move forward with his life and get back to work.”

dperry@sunjournal.com

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