Residents of Greenville, S.C. (a.k.a. G-Vegas) are up in arms this week – furious over the outcome of a high-profile trial involving a prominent local businessman who they thought was headed for the slammer.
They shouldn’t be …
For those of you unfamiliar with the case of John Ludwig, Jr., he’s the Greenville entrepreneur who earlier this year accidentally drove his Maserati into a house, killing a man inside.
Police say Ludwig – who had a history of speeding tickets – was showing off his hot car to a friend.
Originally charged with murder, Ludwig was sentenced on Monday by Circuit Judge James Williams Jr. to three years probation (well, and 500 hours of community service) after pleading guilty to reckless homicide in connection with Bardsley’s death.
Prosecutor Bob Ariail said he was “shocked” by the sentence Williams imposed, although Ariail himself authorized a plea agreement that did not mandate jail time.
The case has attracted all sorts of attention – and outrage - in the Upstate. Specifically, it’s prompted literally dozens of emails to FITS asking why it’s taken us so long to pick up on the story.
Well, we’re busy.
Anyway, as much as we’d love to hate on the rich white guy who went out and bought a high-powered lawyer (Billy Wilkins) to keep himself out of jail, this case strikes us as an example of misplaced frustration.
First of all, according to the Greenville News the family of the victim will be compensated to the tune of $3 million for their loss – which is probably why they declined to speak out against Ludwig at this week’s sentencing hearing.
Also, if Ariail was so adamant that Ludwig receive jail time, then he shouldn’t have accepted a plea deal that left open the possibility that the guy would walk.
Duh.
Also, Ariail made a major tactical error by pursuing a headline-grabbing murder charge in the first place.
Seriously … how exactly do you go about proving “malice aforethought” when the crime involves accidentally driving one’s car through the house of somebody they’ve never met before?
Yeah …
At the end of the day, a tragic accident occurred for which the victims have received what appears to be suitable compensation.
Should Ludwig have been thrown in jail for at least a few months to think about the error of his ways?
Sure, but point the finger at the solicitor in this case for trying to make a ridiculous charge stick …
WEB EXTRAS
John Ludwig Pleads Guilty, Gets No Jail Time (WYFF)
Solicitor’s Plea Deal In Ludwig Case (Greenville News)
By Liberty For Me November 18, 2009 at 4:33 pm
I know nothing about this…But I do think Greenville must be hiring their prosecutors on Craigslist(dont tell McMaster)>What moron would charge someone with murder in this case?
By CNSYD November 18, 2009 at 5:52 pm
Arail is a media whore. He blows up cases to get his name in the paper and on TV. Victims can’t get fair deals as Arail only makes deals that benefit himself.
By utah November 18, 2009 at 6:07 pm
you charge them with murder so that you can work your way down the list of other crimes encompassed within the murder charge (i.e. those with some, but not all, of the same elements you’d have to prove in order to get a murder conviction). you can’t work your way up the offense chart once you’ve charged the person with a crime though, absent some change in circumstances. It’s really not that hard to understand, and fairly typical.
By gspot November 18, 2009 at 6:33 pm
when you’re racing your Maserati 100 mph in a residential neighborhood with a speed limit of 35 mph, you’re responsible for what occurrs. (i.e murder) …it’s no more an accident than someone who drinks a 1/2 gallon of liquor and trys to drive.
By Liberty For Me November 18, 2009 at 6:45 pm
Utah…why would you deal down from murder?? I would hope to get to defend that.I could understand maybe 2nd degree bt gezzz that seems pretty soapbox and stupid to me..but I am not in law…I only live in a country who suposedly abides by it..(what a joke)
By No Name November 18, 2009 at 6:54 pm
A little more to this case than that.
A retired Judge was selected by Queen Jean to hear the case …the ultimate in Judge shopping here… as what ever happened the Judge is already retired.
The culprit is a well known and many times arrested rich asshole who was bent over by the local legal mafia and emptied of all available cash so that Judge Wilkins could be compenasated for all the time he sat on the bench and protected UpState interests to the detriment of his bank account.
Simple as that – the family got a large amount of cash and has fled the State as they were advised to do.
Meanwhile the asshole has two more trials on unrelated charges that can be bolstered for jail time to appease the masses and a tough divorce proceedings to have to sit through.
This is how the Greenville Bar rolls but glad to hear that Greenville is finally reading the only muckraking site in the State. Keep an eye out for more corruption coming to light in Greenville as the Real Estate Barons come unglued and more government crats find more and more missing money.
By fitsnews November 18, 2009 at 6:56 pm
No Name-
Good intel! We’re not saying the guy isn’t an asshole who deserves to spend some quality time behind bars, it just seems like the state dropped the ball on this one.
Send us all the corruption you can, btw!
We love exposing it here on FITS!
-FITS
By Todd November 18, 2009 at 7:54 pm
No Name: You must know the rest of the story between the Queen and the Ludwig family. Go ahead and tell it. Greenville folks are looking under all the rocks tonight on the connection. Wasn’t it just in September, 2009 the Queen meddled in another civil court case in Charleston?
…”According to his pleading, McGuire’s boss, Patton Adams, the director of the S.C. Commission on Indigent Defense, asked McGuire to drop his request to add Butler to the defense team.
“McGuire said in the pleading that he understood the request was initiated by Jefferson and relayed to Adams through S.C. Supreme Court Justice Jean Toal.
“It was further relayed that failure to waive the issue would anger Judge Jefferson, Jean Toal and the rest of the South Carolina Supreme Court,” one of McGuire’s pleadings said.
Toal declined comment Wednesday, and a message left at Jefferson’s office was not returned.”
This story was completely ignored The State.
See http://www.postandcourier.com/news/2009/sep/10/case-has-twists-turns-on-way-to-trial/
By vicupstate November 18, 2009 at 7:58 pm
This guy had 24 traffic violations in 17 years (how did he still have a license?). He crossed a double solid yellow line traveling nearly 100 mph in a 35 zone. His car traveled more than 200 yards across a field, AFTER he left the road, before going AIRBORNE as his car crashed through the BACK of the house and proceeded through the FRONT of the house.
There was no evidence that he touched his brakes prior to the crash. He had just left a wedding reception where he consumed alcohol. He was NOT given a breathalyzer test.
The retired judge mentioned specifically that the fact he had donated money to charity was a primary reason for the sentence given.
If this doesn’t prove that there is a rich man’s justice and a poor man’s justice, I don’t know what does.
You have COMPLETELY missed the signifcance of this story FITS.
By Zack November 18, 2009 at 7:59 pm
No Name: Remember CJ Jean Toal only investigates herself if she is reported for unethical behavior. Her do-boys didn’t do anything on the bigger things, so they certainly aren’t going to risk her wrath saying anything on something as petty as this deal.
By 2 cents November 18, 2009 at 10:17 pm
I fully agree with VicUpstate.
The family of the victim should have gotten compensation & justice.
Just because they didn’t go to court, it’s assumed they’re happy with the settlement only?
Any way you slice or dice it, just another example of who exactly our justice system works for.
I bet if it had been some poor ole’ regular joe of a guy they would have been burned at the stake.
By UpstateChris November 19, 2009 at 10:00 am
“I bet if it had been some poor ole’ regular joe of a guy they would have been burned at the stake.”
Really? I do not want to downplay the tragedy nor defend the guy who was clearly wrong in so many ways – but there was a similar accident a few years ago in Conestee but the driver was poor. I knew the next door neighbors to this accident. There was no trial, no charges – just written off as an accident, insurance paid whatever, end of story. I think a case could be made here that the trial was entirely BECAUSE he was rich.
I want to be clear here, I am IN FAVOR of him being but on trial, especially if alcohol was involved – just sayin’
By vicupstate November 19, 2009 at 3:33 pm
Chris, SOME accidents are accidents. Purposely crossing a double yellow line at 100 mph in a 35 mph zone is NOT an accident.
Give my a effin’ break.
By madcock November 19, 2009 at 10:45 pm
When you get in your car, break the law, and kill someone, first be rich and white, then hire the brother of one of the most powerful Republicans in the state and you walk away scott free.
The GOP, party of law and order. Make me laugh.
Imagine if some poor black kid with a public defender had done this?
It’s like Sanfraud. Still not even an impeachment bill on the floor! If a Dem like Jim Hodges had done what Sanfraud did the Republican who contol the state legislature would have already impeached him, removed him from office and sent the Mayflower trucks to the Guv’s Mansion.
I just do not understand why Jesus joined the GOP.
By Rogelio February 18, 2010 at 2:54 am
Well, he got some of what he deserved. Stupid rich a-hole who thinks he owns the world, accidentally smashes his high-powered Maserati while showing it off (meaning he doesn’t know how to drive, which seems to be prominent with rich people). So then he has spend all those riches to keep himself out of jail. What irony is that?
All that money won’t keep him from going to hell though.