He was awaiting trial on another charge, then took part in a Phoenix robbery that left 2 dead
A Phoenix man who took part in a robbery that left two men dead was sentenced to 25 years in prison for second-degree murder.
Maricopa County Superior Court judge Daniel Martin handed Joshua Charles Bivens, 34, the punishment Friday after less than an hour of judicial proceedings and victim impact statements.
In 2021, Michael Kisselburg and Yacov "Jacob" Yehuda died after Bivens and two other men committed a planned armed robbery in Phoenix, according to court records. At the time, Bivens was out of custody, on the promise he would show up to court hearings, as he was awaiting trial on a 2020 charge of aggravated assault.
Bivens initially was charged with two counts first-degree murder, armed robbery, and attempt to commit armed robbery. He pleaded guilty to one second-degree murder charge last month.
Bivens, who did not fire a gun, is the only one of the three men involved to be sentenced for this crime. One died in prison, and the other has not been found.
Martin also sentenced Bivens to 7 1/2 years in the 2020 assault, to which he also pleaded guilty last month. That sentence will be served concurrently with his murder sentence.
What happened at the apartment complex?
About 2:25 a.m. July 25, 2021, Phoenix police responded to a shooting call at an apartment complex near 19th Avenue and Thunderbird Road. Officers found Kisselburg and Yehuda suffering from multiple gunshot wounds in the parking lot. They were pronounced dead at the scene.
Chastain McHann, Kisselburg's girlfriend, was there and told officers that the three were hanging out at the apartment. McHann told police that while together, someone knocked on the door. She said they checked the security camera and saw a male at the door that they didn't recognize, so they did not answer.
Kisselburg, with McHann's gun, and Yehuda went outside some time later and interacted with Bryan Neal Odea, court documents show. When the two returned to the apartment, Kisselburg told McHann that Odea had backed into his Mercedes, so they had to exchange insurance information. Kisselburg and Yehuda then went back to talk to Odea, leaving the gun in the apartment.
McHann moved to the patio, and while up there, she told police that she saw a male with a red bandana and another "homeless looking male" with a green shirt. She told police she saw the first male pull a gun out and shoot at Kisselburg and Yehuda, according to court documents. After that, she said she went inside to hide, where she heard up to six more shots.
Court documents state that on July 27, police were told by a confidential source that Bivens was involved in a double murder and was staying at a motel near 19th Avenue and Greenway Road. Police had the area under surveillance when they saw Bivens on a balcony and noticed he had a limp.
Police also looked at surveillance video from the hotel and saw that a black Nissan had come to the hotel shortly after the shooting. Court documents state that a witness from the shooting saw the men involved get into a black Nissan. Police found that Odea has a black Nissan Altima registered to him.
Police arrested Bivens the same day, and he agreed to speak with detectives.
Bivens said he, Odea, and a man named Johnny Lopez planned to rob Kisselburg, according to court documents. Bivens said he was promised a share of the stolen money. He told police that Kisselburg was a suspected drug dealer, according to court documents. The plan, he said, was for Odea to damage Kisselburg's car so they could get Kisselburg to come outside. Bivens said he was given a gun and was supposed to act as security.
On the night of the incident, Odea kicked the tailgate of Kisselburg's car before going up to the apartment, according to court documents. Bivens said he saw Odea speak to Kisselburg and Yehuda. Then Odea left in his Nissan, claiming he was going to get money, and returned a few minutes later.
The original story: Phoenix man arrested on suspicion of double homicide during armed robbery
On his return, Odea, Bivens, and Lopez pointed their guns at Kisselburg and Yehuda, and Odea demanded their property, court documents show.
Kisselburg then started to physically fight Bivens, but Odea shot Kisselburg and Yehuda, according to court documents. The documents also show that Odea shot Bivens in the abdomen.
Odea then started to take property from Yehuda's pockets while he was lying on the ground, but Yehuda took out a gun and shot Odea in the buttocks, according to court documents. In response, Odea shot Kisselburg and Yehuda again and took money from Yehuda's pockets, according to court documents.
Bivens told police that Odea told him to pick up the gun Yehuda brought out. After picking it up, Bivens said he dropped it, which caused it to fire. He and Odea then got into the black Nissan and left for the hotel, court documents show.
In his interview with police, Bivens identified Odea as the other man with him in a screenshot from security video from the apartment complex.
The court documents, which include little detail about Lopez's involvement, do not say whether Lopez also got into the car.
At Friday's sentencing, prosecutors stated that Bivens was not the one who pulled the trigger on Kisselburg and Yehuda.
Where are the other suspects now?
On July 30, 2021, police arrested Odea. In his interview with police, he admitted to being at the apartment complex after he was shown surveillance photos, court documents show. However, he denied being involved with the robbery. He told police he did not know how, and by who, he got shot in the buttocks, court documents show.
Blood samples collected at the scene of the incident alerted police of a Combined DNA Index System (CODIS) hit, tracing the samples to Odea, according to court documents. CODIS is a national database of known criminal offenders.
Police also found two guns in Odea's apartment, and he admitted to being a prohibited possessor. He was indicted on the same charges as Bivens. Odea pleaded not guilty.
In May 2022, Odea's case was dismissed with prejudice because he took his own life while in custody, according to the Maricopa County Sheriff's Office. At the time, he was going through pre-trial hearings.
Fathers lost, families broken
In Maricopa County's Central Court Building, eight people attended Bivens' sentencing.
Four people showed up on behalf of Kisselburg, including his mother and father. The remaining four were present to support Bivens, including his father, stepmother and brother.
Gail Kennedy, Kisselburg's mother, was the first one to make a statement.
"The intent was just to commit robbery with three other people. But it ended in the deaths of two wonderful young men. One of them, my son." Kennedy said that their family has lost a joyful member of their family — she said nothing has and never will be the same again.
She also said that McHann, Kisselburg's fiancée, "will never know how wonderful their life might have flourished." On top of that, she said, McHann has suffered immensely since she witnessed Kisselburg get shot.
"How can anyone ever overcome the trauma of witnesses someone shooting her husband-to-be, love of her life, and best friend?" Kennedy said.
Other crime: Man in critical condition, suspect arrested after shooting on Roosevelt Row in Phoenix
Kennedy said she has lost sleep, has fought serious illnesses and can barely "stumble" through her days since her son died. What has caused her to lose the most sleep, she said, was that her son's death could have been prevented if Bivens were not on release in the aggravated assault case.
"The judge at the time allowed him to roam free while waiting for his trial. The result was the death of my son," she said.
Philip Kisselburg, Kisselburg's father, read a letter to the court on behalf of Kisselburg's daughter, Alyssa. He choked up at times, and at one point when he needed to take a long pause, Kennedy joined him at the podium to take over reading. She brought with her tissues and a comforting hand.
In the letter, Kisselburg's daughter, who is a young adult, wrote that other girls her age have their fathers available in their lives to give advice, take them to ballgames, treat them to dinner, meet their new date help them with their schoolwork, and more. Since Bivens took that away just over two years ago, she no longer has that and won't be able to have future memories to look forward to, such as him walking her down the aisle at her marriage or him being a grandfather.
No one made a statement in court for Yehuda, but his daughter Bree-Anne submitted a statement to the court for Bivens' presentence report.
"As a child, I feared monsters. I believed those monsters only existed in my nightmares," she wrote, "On July 25, 2021, those nightmares became my reality when my father was senselessly shot and killed."
She wrote that she never got to say goodbye to her dad. He asked to see her the day before he died, but she said she couldn't. Since then, Yehuda wrote she wonders if he'd still be alive if she went to see him. Like Kisselburg's daughter, she also wrote about the loss of future experiences with her dad.
Yehuda also wrote that the loss has altered her dream job as a registered nurse in the ICU, something she has worked hard for. She wrote that having to work with families experiencing loss daily would remind her of her enormous loss.
Yehuda said her last goodbye with her dad was a one-way conversation with his lifeless body.
"I held his cold, stiff hands, and when I squeezed, they didn't squeeze back the way they usually did," she wrote.
Bivens' family did not speak. However, they made their support known through letters submitted to the court before Friday.
His father, Henry Bivens, wrote a little about who his son is — kind, loving, happy and caring. He agreed that Bivens made an "extremely bad choice" but said that he knew in his heart that his son is very remorseful and regrets his actions. He wrote that Bivens has been on his best behavior while incarcerated and asked the court for forgiveness.
Bivens' sibling and stepmother also submitted letters asking for leniency and wrote that Bivens is respectful, productive and a "hard worker, loving father, brother, and son."
Bivens apologized to the victim's families in court and said he wish he listened to his own family. He admitted that spending time around the wrong people had caused two families a loss. Bivens said his family, including his daughter, are experiencing a loss, too. He said he prays for the victims' families, his own family, and for God to forgive him.
Martin said he could tell Bivens had genuine remorse and acknowledged that Bivens has a great support system. But even though he cooperated and took responsibility, Martin said that the aggravating factors had more weight.
"Your actions have brought you before the court today," Martin said, "I think you are aware of the harm, not only that you have caused to the victims and their families, but to your own family, who will miss you greatly."
After the sentencing, Philip Kisselburg still wanted more from the court.
"He got the 25 years, but that's not enough," he said, "He killed two people."
According to Philip Kisselburg, Lopez has not yet been found by law enforcement.
This reporting follows crimes The Republic began to cover in 2021 and is part of our commitment to telling the story from start to finish.
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This article originally appeared on Arizona Republic: Joshua Bivens sentenced in 2021 deaths of Michael Kisselburg, Jacob Yehuda
