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MS-13 member gets 5 to 6 for shooting two men on a Blue Line train

A Suffolk Superior Court judge yesterday sentenced Rogelio Alvarado, 23, for shooting two men on an inbound Blue Line train on Jan. 19, 2016, one of whom had nothing to do with his beef with a rival gang, the Suffolk County District Attorney's office reports.

Alvarado, an MS-13 member, boarded the Blue Line at Airport and spotted an alleged member of the rival 18th Street Gang. As the train approached Maverick, Alvarado opened fire, striking his intended victim twice in the chest and sending a bullet across the forehead of a passenger who had nothing to do with the feud and who had huddled with other passengers at one end of the car. Note: Past accounts had said the gunfire was on the platform; it was on the train, the DA's office reports.

Prosecutors had asked for 8 1/2 to 10 1/2 years in prison following Alvarado's conviction last week on two counts of assault and battery with a dangerous weapon and two gun charges.

After the shooting, Alvarado fled to Long Island, where he was eventually arrested for driving on the wrong side of the road and then returned to Boston.

Alvarado was not among the 61 MS-13 members indicted in federal court in 2016 on various charges related to the murders, drug dealing and gun running. In an affidavit related to that case, an FBI agent involved in the investigation said it is common for MS-13 members facing charges in one area to run to another, where members will provide them housing and support.

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Comments

what a joke.
I'm sure he'll be fully rehabilitated by then

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Voting closed 32

is too lenient, what's with this nonsense of "variable" sentences lately?

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Voting closed 4

I agree that the sentence is a joke, but also since when has the American prison system ever been about rehabilitation?

It's pure punishment, practically designed to create repeat offenders and keep those cells full (and making $$$ in the case of for-profit prisons).

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Voting closed 3

If only it were pure punishment. The very idea that you can rehabilitate or 'correct' criminals is willfully perverse. These particular criminals don't need an education to know better. They don't care.

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Voting closed 7

So this piece of garbage shoots an innocent person in the head on a crowded train and he will probably be back on the street in 5 years. What the hell?

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Voting closed 48

You can thank the liberal judges like Timothy Feeley for sentences that are so light.

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Voting closed 8

He was charged with it, and if guilty on that charge would have gotten an extra couple years. Judge only imposed midpoint of guidelines, despite danger to other train passengers.

We can hope he gets held on an ICE detainer upon release and deported. Maybe by then we will have a wall, making it more difficult to sneak back in.

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Voting closed 11

Coming into this honestly because I hear this "too light of prison sentences" argument often. What other "tools" does the judge have to implement actual rehabilitation for the convicted? Or is the implication that we should just lock them up indefinitely? What sort of proof do we have that longer prison sentences are actual deterrents for crimes, or for repeat offenses after completion of those sentences?

It seems that we want different outcomes for prisoners after they are released. What do you offer that proves to be a more effective means of achieving this?

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Voting closed 9

What is needed is a simple sentencing guideline such as the following:

  1. possession and use of a weapon of mass destruction in the process of committing some other crime -- Death -- in a hopefully unpleasant way
  2. possession of a weapon of mass destruction in the process of committing some other crime -- Death
  3. killing an innocent bystander or a law enforcement officer in the process of committing some other crime -- Death unless extenuating circumstances -- burden of proof on the felon
  4. possession and use of a weapon causing
    1. multiple non-fatal casualties to innocent bystanders or to law enforcement officer in the process of committing some other crime -- Life without parole unless extenuating circumstances -- burden of proof on the felon
    2. non-fatal injury to innocent bystander in the process of committing some other crime -- 25 without parole unless extenuating circumstances -- burden of proof on the felon
  5. possession and use of a firearm without casualties to the public in the process of committing some other crime:
    1. 3rd offence -- Life with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
    2. 2nd offence -- 25 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
    3. 1st offence -- 10 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
  6. possession of a firearm [without use] in the process of committing some other crime:
    1. 3rd offence -- 10 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
    2. 2nd offence -- 5 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
    3. 1st offence -- 2 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
  7. possession and use of a weapon [non firearm] in the process of committing some other crime
    1. 3rd offence -- 7 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
    2. 2nd offence -- 3 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon
    3. 1st offence -- 1 years with possibility of parole -- unless extenuating circumstances -- burden of proof on the felon

All sentences to run consecutively and before the sentence for the original felony

Obviously there can be some more complex situations such as an MS-13 gang member who has the following record:

  1. shoot and miss on the Blue Line -- 5c -- 10 years
  2. get our after 3 years on parole and slash someone in the arm with a machete while trying to escape from the Police after robbing a 7-11 -- 4b -- 25 years
  3. get out after 15 years on good behavior
  4. Deported as undesirable illegal alien
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Voting closed 14

If we give too light sentences how to we have the highest prison population in the world?

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or I think I am on most issues and I cannot imagine less than a 30 year sentence for this cretin

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Voting closed 7

People like Adam who want to add to the many laws restricting or abolishing the right to own a gun must defend sentences like these if they are serious about gun control. Under current law, a conviction for possession alone could result in this sentence. Actually going so far as to use the weapon on a public train and wounding multiple people could have resulted in most of a lifetime inside prison.

If you advocate for increased gun control you must reject this sentence and do so as publicly as you advocate for gun control. If you are OK with the sentence, what penalty for possession is enough for you if all the laws you want are passed? Should the judge just call you a "bad boy" and send you off? That would be commensurate.

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Voting closed 19

Illegal posession, attempted murder, two shot = 5 years?

Good lord, the judicial system in this state is a complete joke.

For shame.

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Voting closed 17

Go to law school. Become a lawyer. Then a prosecutor. Then a Judge.

Do it the way you think it should be done.

Get out of your armchair - get in the game.

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Voting closed 7

We have the highest prison rate in the world...by far.

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Voting closed 7