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DA: Violent criminal was released without bail for shooting at man, then returned to try to finish the job

A Roxbury man with a manslaughter conviction faces arraignment today on charges he was more successful at putting a bullet in somebody last night, two weeks after a judge released him without bail for allegedly failing to plug his target.

Ludwin Midence, 34, was arrested last night on charges he shot a man near Harold and Harrishof streets, the Suffolk County District Attorney's office reports, adding his victim is expected to survive.

Midence had been arraigned on Feb. 23 after he allegedly took a shot at the same man a couple blocks away, at Holworthy and Hollander, but failed to hit him. Prosecutors asked for $20,000 bail, but Roxbury District Court Judge Franco Gobourne released him on personal recognizance. The judge also denied a request from prosecutors to revoke his bail on an unrelated case out of Essex County, the DA's office says.

As a 17-year-old in 1997, Midence pleaded guilty to manslaughter for the death of Vilma Florence in a South End shootout in which another teen with whom he was exchanging gunfire was also charged with her death. Midence's plea became part of a precedent-making Supreme Judicial Court decision that held that when an innocent bystander is killed in a gun battle, it doesn't really matter who fired the fatal shot - both shooters can be charged with murder.

Innocent, etc.

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Comments

that MA is getting tough on crime. They've done their best to harass lawful gun owners, but when an actual criminal shoots at someone he's released on personal recognizance.

PRM

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This about someone who was murdered, not about you whining about a different topic. Show some respect.

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this state is retarded, plain and simple. The people running this state are idiots, the people making the laws are idiots, and the people interpreting the laws are idiots. Hard to imagine a better time to NEED to carry a weapon to protect oneself than now

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IMAGE(http://farm4.static.flickr.com/3288/2961175776_b341ca0fc5.jpg)

It really might be time for you to sit back, relax, and get some perspective on the situation.

The state has never been safer. Crime is at historic lows. Animosity between citizens is also at historic lows. It's even lower the further away you get from some very small, economically depressed ghetto's. (although all have had a small upswing with the state of the economy).

Yes, this is a issue, and it shouldn't happen, but some fraking perspective needs to be maintained.

If you're running around dead scared, and feel the need for personal protection is at a all time high, and that everyone else is an idiot but you, it might be time to take a deep breath and do some soul searching buddy. Paranoia isn't healthy.

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this wasn't a problem? I even said I think releaseing this jackass was a problem, and the judge needs to be reprimand.

Who also said crime isn't a problem, especially in small areas / pockets? Again, not me.

But the FACTS remain, crime is still down from historical highs.

We're living in one of the safest, and politically stable times in American history. Yet facts notwithstanding, people seem to be hypersensitive to preconceived dangers and seem to be scared out of their freaking wits. And you get people such as the above claiming and implying we live in a cesspool of violence, historically high, and we all need to walk around armed like John fraking Wayne.

Sorry if I don't buy into their hero fetishism, or their scared shitless victimization.

Yeah, there's issues in every inner city. There is still crime, violence and murder. But unless you can show me otherwise, the data is pretty clear we're at historical lows, even despite the economy. We're much safer then we were in the 50's, or any other time.

And for the small brained, no, that doesn't mean we shouldn't be working to reduce it further, or still be cautious.

But perspective on the reality of the situation helps.

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Anon...you are a very disrespectful person. Stop using the "r" word, we are in the year 2011 not 1940. Individuals with mental illness or mental Disabilities have much more to offer this world than you will ever realize!

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I hold the mentally handicapped in might higher regard than the "retarded".

I think the definition and changed quite a bit (as all language does), and it no longer is derogatory towards the handicapped.

It's encompassing a totally different form of ignorance and stupidity now a days, inherit in individuals that should have the capacity to not show it.

But I do see how some still might be offended.

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...for attempted murder? This 2010-appointed judge would appear to have a lot that he still needs to learn.

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1997 - pleads guilty to manslaughter for being in a shootout where bystander died
???? - released from jail in under 14 years...any parole requirements?
2010/2011(?) - arrested in Essex County for something, gets bail
Feb 23, 2011 - arrested in Suffolk County for attempting to kill someone with a gun again, gets released on personal recognizance while still on bail from Essex County...no bail revocation
March 6, 2011 - arrested for attempting to kill the same person as Feb 23

Is that about it?

So, did the judge shake his finger at him and put him back out on the street today on a new bail or are we convinced this guy shouldn't be let out again for at least a week or two this time?

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the following quotes apply:

"He's a good kid, he's turning his life around"
"He's a good kid, he just hangs out with the wrong crowd"

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... that he'd be a gooood boy now!

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And people complain, and ask for citations, whenever I mention career criminals are passing through a revolving door all too frequently in this state.

Judges need to face some kind of review board for crap like this.

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giving the prosecution the right to appeal "released with little or no bail" decisions like this one.

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Take a look at this Patriot Ledger article: After an allegedly crazed woman drove to some guy's house and began throwing rocks through his windows, the same judge denied a police request for an emergency restraining order against her - they were forced to return a few hours later when she allegedly broke into his house and threatened him with a large knife.

Via NortheastShooters.com.

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Seems like this guy just got the job in September and is making a lot of rookie mistakes. Although, in the Patriot Ledger story, I'm not sure what difference a restraining order would have made...it's not like that crazy woman woulda thought twice about being crazy if you gave her victim a restraining order. Besides, her first offense was just malicious damage....not really a "hang'em high" kind of offense where you'd necessarily throw the book at her.

I'm also one who's not a "hang'em high" kind of person and prefer to give people second chances as long as their first chance wasn't completely out of line...but for Midence it was his second chance! And it wasn't like he got picked up for drugs or something the first time. They were BOTH gun violence related...AND he was already out on bail somewhere else, but shooting at someone while on bail isn't enough to get your bail revoked?

Come on, rookie. Our lives are at stake out here...

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Drunks that hit and kill people while driving drunk get turned loose right away - is this guy going to hand them the keys, too?

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Out of curiosity, I went searching the web for more cases that Gobourne has ruled on. I can't find one case where the person got more than 90 days under this guy (one guy got 3 concurrent 90-day sentences for felony B&E and theft greater than $250).

Maybe you're right, Swirly:

Reynaldo Arias, 30, 310 E. Main St., Fall River, was arraigned on charges of operating a motor vehicle with a suspended registration, driving an uninsured vehicle and failure to stop or yield. Gobourne dismissed the first two charges and ruled that Arias was not responsible for the last.

Read more: Taunton District Court - Raynham, MA - Raynham Call http://www.wickedlocal.com/raynham/archive/x171428...

We obviously don't have all of the facts, but this is hardly an isolated incident with this judge. There were people who copped to details of their crime in front of him and he continued their case or let them go! I was hoping to say "well, see, he's not always a total rollover for criminals"...but I just can't! Man, if you do anything wrong in Raynham/Fall River/Taunton, pray you get Franco Gobourne, my friends. Dude is a pussycat.

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He was 17 in 1997. It's now 14 years later and he's 34? Bummer, dude.

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Roxbury District Court Judge David Poole set bail at $10,000, according to the Suffolk County District Attorney's office, which had asked for $200,000 bail.

But Midence won't be going anywhere; Poole revoked his bail on another case out of Essex County. He's due back in court April 6.

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