A 25-year-old Waukesha man will not receive a court-appointed attorney to file any post-conviction appeals after he was sentenced to for killing his best friend in August 2010.
Reserve Judge Robert Mawdsley reviewed a motion hearing Thursday morning in and denied Steve P. Osburn’s request, according to online court records. Osburn pleaded guilty in June to second-degree intentional homicide and intentionally pointing a firearm at a person in the death of 23-year-old Zach Gallenberg, a Marines veteran.
Osburn, an Army veteran who was in Iraq for two tours, had pursued a post traumatic stress disorder defense but eventually dropped a not guilty by reason of insanity plea.
An appeal has not yet been filed, according to online court records. Osburn’s attorney, Gerald Boyle, withdrew from the case on Nov. 29, records show.
According to the complaint:
A witness to the shooting told Waukesha Police Department officers that she, Gallenberg and Osburn had consumed alcohol during the night of Aug. 5, 2010. Osburn and Gallenberg were arguing about their different branches of the military throughout the night.
The woman told investigators at one point in the evening, Osburn began choking her before going into his bedroom and then outside. Gallenberg eventually followed, she told police, and tried to give Osburn a bear hug, which is when Osburn took out a gun and shot Gallenberg.
In the meantime, police officers were at the residence because Osburn called 911 and said if they did not respond, he would kill someone. One of the officers was approaching the residence when he heard the gunshot sound. Other officers were approaching the building at the same time. One officer reported turning the corner of the building, seeing Osburn, hearing yelling and then seeing the muzzle flash.
Osburn admitted several times to officers that he had shot Gallenberg.
“It bothers me that I shot Zach because he was my best friend, but I was threatened,” Osburn told police.
Gallenberg was transported to Waukesha Memorial Hospital where he was pronounced deceased at 4:47 a.m. Aug. 6.