SUTTONS BAY — A jury of five women and seven men found Justin Bembeneck, 34, guilty of lesser charges Wednesday in the Jan. 10 assault and armed robbery at a Cedar home.
“I’m happy with the verdict, I’m pleased with it,” Leelanau County Prosecutor Joe Hubbell said. “Our jury pool here, we have a lot of very well-educated, smart people. They clearly spent a lot of time discussing the issues.”
Bembeneck had been charged with six counts of aiding and abetting assault with intent to commit murder, armed robbery, assault with intent to commit robbery, breaking and entering and assault with a dangerous weapon.
He was convicted of assault with intent to commit great bodily harm less than murder, two counts of assault with a dangerous weapon, armed robbery, assault with intent to rob while armed and larceny in a building.
Two of the convictions — armed robbery and assault with intent to rob while armed — are lifetime offenses carrying a 25-year mandatory minimum.
Hubbell said the sentences would be served concurrently.
The convictions stem from accusations Bembeneck worked in concert with Bailey Rosinski, 25, to rob a safe in her grandparents’ home, stab and beat Rosinski’s grandfather, 78-year-old Frank Rosinski, and of forcing her grandmother, 77-year-old Helen Rosinski, into a bedroom where she was shoved to the floor.
Bailey Rosinski’s uncles, Brian, 55, and Richard Rosinski, 56, who live in the home were also stabbed and beaten, with Richard spending 10 days in Munson Medical Center, as previously reported.
Following a three-day trial, the jury began deliberating at 1:30 p.m. Tuesday, adjourning at 10:30 p.m.; then deliberating from 8:30 a.m. Wednesday until reaching a verdict at 1:30 p.m.
Jurors sent 13th Circuit Court Judge Tom Power a number of questions, and at one point said they were deadlocked over the aiding and abetting charges, but Power provided additional legal information and the jury was able to reach a verdict.
“It was a very complicated case and aiding and abetting is not an easy concept,” Hubbell said. “But my argument is, you come to a house and show a knife and somebody is going to get stabbed.”
Hubbell said Bembeneck would be sentenced sometime in January and that Bailey Rosinski would be tried later that same month.
She is currently in the Leelanau County Jail.