Waukesha man gets 28 years in death of friend
Waukesha - A 25-year-old Waukesha man was sentenced Wednesday to 28 years in prison for the shooting death of his best friend last year.
Steven P. Osburn told a judge he was sorry for killing Zachary S. Gallenberg, 23, of Waukesha early on Aug. 6, 2010, and that he wishes he could take back his actions on that alcohol-fueled night.
"But your honor, in life there are no reset buttons," Osburn told Waukesha County Circuit Court Judge Mark Gundrum.
He told Gundrum it was painful to see the "hurt and devastation" that he caused to Gallenberg's and his own family and that he would never forgive himself for taking Gallenberg's life.
However, Osburn also told Gundrum that he felt threatened by Gallenberg, who earlier had struck him twice in the face, at Osburn's Waukesha residence in the 2000 block of Cliff Alex Court South.
Prosecutors said that Osburn, who served in the Army, and Gallenberg, a Marine, often had playful fights or wrestled with each other.
But in the early morning hours of Aug. 6, Osburn said, he went outside his residence and took his handgun with him, fearing that Gallenberg would get it.
Outside, he said, Gallenberg came at him in an aggressive manner. Osburn said he told Gallenberg to stop a number of times. He thought about running and throwing the gun aside, but he didn't because he was afraid Gallenberg would get the weapon.
Osburn said he panicked when Gallenberg charged at him and "I discharged the weapon at the last second because it was the last thing I wanted to do."
Gundrum, though, said he didn't believe Gallenberg was a threat to Osburn and there was nothing to suggest that Gallenberg was attempting to get the gun or use it against Osburn.
"You just stole a great American from the community, from America, from these folks," Gundrum said, gesturing toward Gallenberg's family and friends in the courtroom.
In handing out the 28-year prison term, Gundrum told Osburn, there is "going to be punishment for the incredible harm that you've done. When you mix alcohol, firearms and anger, you are going to go to prison for a long time."
Gundrum also ordered Osburn to serve 20 years of extended supervision when he is released from prison.
Osburn had been charged with first-degree intentional and was facing life in prison if convicted.
But as part of a plea agreement he entered June 3 to avoid a trial, the homicide charge was reduced to second-degree intentional homicide, which carries a maximum penalty of 40 years in prison and 20 years of extended supervision.
