Man Convicted In Rose Downwind Murder Case To Be Resentenced
A Bemidji man who was sentenced to almost 17 years in prison for aiding an offender in connection with the murder of a Bemidji woman is entitled to a new sentencing.
Brandon Rossbach, 33, was found guilty of aiding an offender in the Rose Downwind murder case. Rossbach helped burn and bury Downwind’s body after she was murdered by Marchello Cimmarusti in October of 2015.
Rossbach was sentenced to 16 years and nine months in prison for aiding an offender in a second-degree murder.
A Minnesota Court of Appeals opinion filed on April 9th says Rossbach is entitled to a new sentencing because the state district court did not bring the issue of “the specific predicate offense” to the jury. That means the Court of Appeals believes the jury should have decided what level of homicide he helped aid.
The opinion said, “We conclude that, had the district court questioned Rossbach about his right to have the jury determine the specific predicate offense, there is a reasonable possibility that he would not have waived that right, and that error in not obtaining a personal waiver affected Rossbach’s substantial rights.”
It has not been announced when Rossbach’s resentencing will take place and he remains behind bars at the Minnesota Correctional Facility in Stillwater.