Re: Laws For the rich and the rest of us
Why do think that is not the whole story?
Here is the link:
http://www.wyff4.com/news/21626728/detail.html
GREENVILLE, S.C. -- The man who slammed his Maserati through a home, killing the man inside, entered a guilty plea -- and ended up with no jail time.
John Ludwig Jr. pleaded guilty Monday morning to reckless homicide. Because of the guilty plea, a murder charge against him was dropped.
The somber-faced Greenville entrepreneur had nothing to say as he walked into the courtroom. He sat down next to his attorney, Billy Wilkins, and kept his hands clasped together. Ludwig's parents and sister were in court.
Ludwig was charged with murder and reckless homicide in the car crash on April 25 that killed 62-year-old Bill Bardsley.
Investigators said Ludwig was speeding when he crashed his Maserati through the back of Bardsley's house, coming to rest in the front yard.
Bardsley family attorney Pete Roe said, "Bill Bardsley was a loving and devoted husband, father, son and brother. Personally and professionally, Bill was highly respected and blessed with many friends who knew him as a gentle and kind man. The depth of our loss is immeasurable and beyond full expression."
Thirteenth Circuit Solicitor Bob Ariail tried to explain why it took a while to file charges. Ariail said there were conflicting reports from neighbors about who was driving, but subsequent DNA analysis showed only Ludwig was in car when it crashed.
Slideshows:
From Scene Of Crash
John Ludwig Arrest Timeline
Ariail showed a photo of the road where the accident happened. He said William McKibbon, who was at the scene of the wreck, told investigators that he and Ludwig had left a wedding reception in separate cars.
McKibbon told investigators that Ludwig passed him on the left and then went off the right side of road. McKibbon said they were going about 50 to 60 mph. Arial said this happened in a no-passing zone where speed limit is 35 mph.
Troopers said that Ludwig was driving at least 85 mph, possibly faster.
Ariail said, "He could not drive legally at this speed anywhere in the country."
"There are only four years since 1992 that he has either not been cited for speeding and convicted or cited for being at fault in another collision," he said.
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Ariail said, "He was passing his friend, Mr. McKibbon. There was not emergency. There was no baby being born in the back of the car. There was nobody having a heart attack that needed to get to the hospital. It could only be concluded that Mr. Ludwig was showing off to himself and to his friend in his car. He was showing out and as a result, putting everybody else on that highway -- everybody else in that neighborhood at risk."
Ariail showed photos of the Bardsley home, which was partially destroyed by the wreck. Ariail said that Ludwig claimed he tried to avoid deer, but McKibbon told investigators he never saw deer.
Wilkins said Ludwig did a "foolish thing" by speeding. But he maintained that Ludwig saw two deer and just because McKibbon didn't see them, it doesn't mean they weren't there.
Wilkins said that there was problem with front suspension system on Ludwig's car that the Maserati dealer knew about, but had said car was still OK to drive.
Ariail said Ludwig had 24 traffic violations since 1992. He said Ludwig is considered among most egregious offenders because of his driving record and that he deserves the maximum sentence.
Wilkins said Ludwig may have been bouncing up and down and inadvertently stepping on accelerator, but that Ludwig couldn't say for sure that's what happened.
"Alcohol and drugs played no role in this wreck," Wilkins said.
Supporters Plead For Mercy In Sentencing
During the pre-sentencing testimony, Sheriff Gerald Lawson, of Lincoln County, Ga., said he has known Ludwig most of his life and that Ludwig has always been a good citizen.
Wilkins said Ludwig worked at cafeteria and was a janitor while at Furman on scholarship. He said some of Ludwig's speeding tickets came from when Ludwig was working as traveling salesman.
Wilkins said when Ludwig started making lots of money, he wanted to give back. He talked about Ludwig taking care of his parents, building a place for his wheelchair-bound sister and other good deeds.
Judge James C. Williams Jr. listened to testimony from people who said Ludwig is charitable, a great businessman, good worker and good father.
A Presbyterian minister said he counseled Ludwig after crash and told the judge that Ludwig would be better off not being incarcerated.
Ludwig was red-faced and teary-eyed as his mother described in a quiet what a good son he is.
Ludwig's high school football coach said that Ludwig was a hard worker and hopes his own son turns out as well as John.
After the plea and prior to sentencing, Ludwig said, "I want to say I'm deeply sorry. I take full responsibility for my actions. I want to extend my deepest sympathies to the Bardsley family."
Ludwig's attorney offered to buy the Bardsley's house after hearing from the widow that she couldn't bring herself to move back in after it was repaired.
Wilkins said the Bardsley family just wants Ludwig made accountable, but he said they were not calling for incarceration. Wilkins said he thought home confinement with community service is the appropriate sentence.
Judge Williams said, "These cases are not about trying to replace the victim."
Williams said Ludwig's driving record was bad, but was a far cry from others he has seen.
Williams said, "All in all, the circumstances of the accident are tragic and could not have been any more tragic or horrifying to the Bardsley family. It was an accident -- a terrible and horrifying accident."
"I'm not moved particularly or influenced by the amount of money Mr. Ludwig may have made during his lifetime. I am moved and influenced by what he's done with it. You would expect a man to take care of his family, but it's evident to me that he's very unselfish in sharing what he has accomplished with others and that fact has probably influences me more than anything else in the sentence I'm about to impose," he said.
Williams gave Ludwig a five-year sentence suspended to three years probation, and 500 hours of community service.
After the sentencing, Ariail released a statement saying: "The state made as compelling and informative a presentation to the court as possible offering all admissible evidence. We strongly believed, as an advocate, that Mr. Ludwig deserved an active prison sentence and urged the judge to impose the maximum 10-year sentence.?
"We were shocked at the sentence imposed. However, Retired Judge James Williams, who was specifically appointed by the Chief Justice to handle this case, is ultimately responsible for determining the proper punishment.
"He considered everything we presented and made his decision, and I have no doubt he fairly and thoroughly considered the evidence and imposed the sentence he felt was correct."
Thirteenth Circuit Public Defender John Mauldin said, "I have all the respect in the world for the victim and his family and what they have gone through, as well as respect for the court and our court system. That being said, as the circuit public defender, I represent poor people.?
"I believe that poor people have the right to be surprised, to complain and to question the handling of this case. There is an appearance that the type of justice that people get is different for rich and powerful people than it is for poor and disenfranchised people. It is critical that people have confidence in our system and that justice be equal."
Ludwig Charged In Bill Bardsley's Death
A week-and-a-half after the wreck, Ludwig was charged with murder. Months later, a grand jury indicted Ludwig on an additional charge of reckless homicide.
A former prosecutor told WYFF that the charge of reckless homicide is based on an unintentional death, while murder implies malice.
[Ludwig's attorney Billy Wilkins]
Ludwig's attorney Billy Wilkins
The solicitor's office had planned to try Ludwig on both charges at the same time.
Reckless homicide had a possible sentence of up to 10 years in prison. A murder conviction would have carried a sentence of 30 years to life.
Wilkins said, "The statement the attorneys read did not ask for a prison term. It said merely they expected the justice system to hold John Ludwig accountable. And that is what happened today. He was held accountable."
There are no civil actions pending in the case. Wilkins said they were previously resolved and Ludwig has continued to cooperate with attorneys.
Prosecutors did say that the expect Ludwig to stand trial for a prior burglary charge.
