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Cab driver shoots thief after being robbed
- Thread starter sksguns
- Start date
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
Man shot by cabbie after holdup gets 15 years
LAWRENCE — Herman Irene, shot in the back by a cab driver he had just robbed at knifepoint, was offered a five- to seven-year prison term before his November trial in Superior Court.
But Irene, 37, formerly of 25 Foster St., Lawrence, rolled the dice and went to trial. He may wish he hadn't.
Irene was convicted on Nov. 24 of armed robbery and assault with a dangerous weapon in a six-day trial before Judge Howard Whitehead in Salem Superior Court.
The jury deliberated for about three hours before returning with a guilty verdict, and Irene was sentenced to 15 to 22 years in state prison, said Stephen O'Connell, spokesman for District Attorney Jonathan Blodgett's office.
Irene will have to serve at least 15 years of the sentence before becoming eligible for parole, O'Connell said.
The charge stemmed from an incident early on Jan. 28, 2007, when Irene flagged down a Liberty Car Service cab driven by Bienvenido Rodriguez, 42, of 59 Camden St. on South Broadway.
Rodriguez already had a passenger in the back seat, but agreed to drive Irene to Lowell Street for $5 and had him sit in the front seat.
The back seat passenger told police the driver and Irene argued in Spanish and there was a brief struggle between the two of them.
Irene threatened Rodriguez with a knife and grabbed an unknown amount of money that had been stored on the visor before fleeing the cab on Parker Street, police said at the time.
That is when Rodriguez got out of the cab, drew his licensed .40 caliber Smith and Wesson semi-automatic pistol and fired one shot, hitting Irene in the back as he ran down Parker Street away from the cab.
The bullet passed through Irene's body narrowly missing his spine and other vital organs.
He was taken to Lawrence General Hospital, then airlifted to Brigham and Women's Hospital in Boston for further treatment.
Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.
But the Essex County Grand Jury refused to indict Rodriguez on the charges and he was not prosecuted.
http://www.eagletribune.com/permalink/local_story_337195844.html
LAWRENCE — Herman Irene, shot in the back by a cab driver he had just robbed at knifepoint, was offered a five- to seven-year prison term before his November trial in Superior Court.
But Irene, 37, formerly of 25 Foster St., Lawrence, rolled the dice and went to trial. He may wish he hadn't.
Irene was convicted on Nov. 24 of armed robbery and assault with a dangerous weapon in a six-day trial before Judge Howard Whitehead in Salem Superior Court.
The jury deliberated for about three hours before returning with a guilty verdict, and Irene was sentenced to 15 to 22 years in state prison, said Stephen O'Connell, spokesman for District Attorney Jonathan Blodgett's office.
Irene will have to serve at least 15 years of the sentence before becoming eligible for parole, O'Connell said.
The charge stemmed from an incident early on Jan. 28, 2007, when Irene flagged down a Liberty Car Service cab driven by Bienvenido Rodriguez, 42, of 59 Camden St. on South Broadway.
Rodriguez already had a passenger in the back seat, but agreed to drive Irene to Lowell Street for $5 and had him sit in the front seat.
The back seat passenger told police the driver and Irene argued in Spanish and there was a brief struggle between the two of them.
Irene threatened Rodriguez with a knife and grabbed an unknown amount of money that had been stored on the visor before fleeing the cab on Parker Street, police said at the time.
That is when Rodriguez got out of the cab, drew his licensed .40 caliber Smith and Wesson semi-automatic pistol and fired one shot, hitting Irene in the back as he ran down Parker Street away from the cab.
The bullet passed through Irene's body narrowly missing his spine and other vital organs.
He was taken to Lawrence General Hospital, then airlifted to Brigham and Women's Hospital in Boston for further treatment.
Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.
But the Essex County Grand Jury refused to indict Rodriguez on the charges and he was not prosecuted.
http://www.eagletribune.com/permalink/local_story_337195844.html
<--- slaps self in head.... Did i wake up in another state?
did a jury in MA actually send a shitbag to prison for a REAL prison term AND let the victim go?
wow... I'll say this, if that cabby gets his license back... I may have a freaking stroke.![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
did a jury in MA actually send a shitbag to prison for a REAL prison term AND let the victim go?
wow... I'll say this, if that cabby gets his license back... I may have a freaking stroke.
blindndead
NES Member
Send that story to NRA . Armed Citizen
icyclefar
NES Member
Where have you been ........... It's been almost 2 weeks
I don't think having this story appear in "The Armed Citizen" would be in our best interests. Regardless of the nullification effected by the Grand Jury, what the cabbie did was nothing other than retribution and not something that we should hold up as a model of acceptable behavior. It would, rather, simply feed the leftist view that all gun owners are whackos.
Happy Ending sorry if re-post
http://www.eagletribune.com/punews/local_story_337195844.html
Man shot by cabbie after holdup gets 15 years
By Jim Patten
[email protected]
LAWRENCE — Herman Irene, shot in the back by a cab driver he had just robbed at knifepoint, was offered a five- to seven-year prison term before his November trial in Superior Court.
But Irene, 37, formerly of 25 Foster St., Lawrence, rolled the dice and went to trial. He may wish he hadn't.
Irene was convicted on Nov. 24 of armed robbery and assault with a dangerous weapon in a six-day trial before Judge Howard Whitehead in Salem Superior Court.
The jury deliberated for about three hours before returning with a guilty verdict, and Irene was sentenced to 15 to 22 years in state prison, said Stephen O'Connell, spokesman for District Attorney Jonathan Blodgett's office.
Irene will have to serve at least 15 years of the sentence before becoming eligible for parole, O'Connell said.
The charge stemmed from an incident early on Jan. 28, 2007, when Irene flagged down a Liberty Car Service cab driven by Bienvenido Rodriguez, 42, of 59 Camden St. on South Broadway.
Rodriguez already had a passenger in the back seat, but agreed to drive Irene to Lowell Street for $5 and had him sit in the front seat.
The back seat passenger told police the driver and Irene argued in Spanish and there was a brief struggle between the two of them.
Irene threatened Rodriguez with a knife and grabbed an unknown amount of money that had been stored on the visor before fleeing the cab on Parker Street, police said at the time.
That is when Rodriguez got out of the cab, drew his licensed .40 caliber Smith and Wesson semi-automatic pistol and fired one shot, hitting Irene in the back as he ran down Parker Street away from the cab.
The bullet passed through Irene's body narrowly missing his spine and other vital organs.
He was taken to Lawrence General Hospital, then airlifted to Brigham and Women's Hospital in Boston for further treatment.
Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.
But the Essex County Grand Jury refused to indict Rodriguez on the charges and he was not prosecuted.
http://www.eagletribune.com/punews/local_story_337195844.html
Man shot by cabbie after holdup gets 15 years
By Jim Patten
[email protected]
LAWRENCE — Herman Irene, shot in the back by a cab driver he had just robbed at knifepoint, was offered a five- to seven-year prison term before his November trial in Superior Court.
But Irene, 37, formerly of 25 Foster St., Lawrence, rolled the dice and went to trial. He may wish he hadn't.
Irene was convicted on Nov. 24 of armed robbery and assault with a dangerous weapon in a six-day trial before Judge Howard Whitehead in Salem Superior Court.
The jury deliberated for about three hours before returning with a guilty verdict, and Irene was sentenced to 15 to 22 years in state prison, said Stephen O'Connell, spokesman for District Attorney Jonathan Blodgett's office.
Irene will have to serve at least 15 years of the sentence before becoming eligible for parole, O'Connell said.
The charge stemmed from an incident early on Jan. 28, 2007, when Irene flagged down a Liberty Car Service cab driven by Bienvenido Rodriguez, 42, of 59 Camden St. on South Broadway.
Rodriguez already had a passenger in the back seat, but agreed to drive Irene to Lowell Street for $5 and had him sit in the front seat.
The back seat passenger told police the driver and Irene argued in Spanish and there was a brief struggle between the two of them.
Irene threatened Rodriguez with a knife and grabbed an unknown amount of money that had been stored on the visor before fleeing the cab on Parker Street, police said at the time.
That is when Rodriguez got out of the cab, drew his licensed .40 caliber Smith and Wesson semi-automatic pistol and fired one shot, hitting Irene in the back as he ran down Parker Street away from the cab.
The bullet passed through Irene's body narrowly missing his spine and other vital organs.
He was taken to Lawrence General Hospital, then airlifted to Brigham and Women's Hospital in Boston for further treatment.
Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.
But the Essex County Grand Jury refused to indict Rodriguez on the charges and he was not prosecuted.
Holy crap - that actually happened in MA?
This must be one of those Onion stories.
The cabbie shot the guy in the back when he was running away - and he still didn't get anything?
Wait a minute - I just saw a pig fly by my window, I have to go.
This must be one of those Onion stories.
The cabbie shot the guy in the back when he was running away - and he still didn't get anything?
Wait a minute - I just saw a pig fly by my window, I have to go.
It's the grand jury system. Prosecutors can charge anything they want, but a grand jury of citizens still has to sign the indictment.
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Google "grand jury ham sandwich" for an explanation as to exactly how much protection the grand jury system offers citizens prosecutors decide should be tried.
kind of mind set
this is the kind of mind set instilled in people.where I am I very much doubt they would charge you .you have the right to defend your self even with deadly force,and police look on robbers with jaundice eye.to bad gun owners dont have the same attitude.Thats one of the reasons I am gone.![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
this is the kind of mind set instilled in people.where I am I very much doubt they would charge you .you have the right to defend your self even with deadly force,and police look on robbers with jaundice eye.to bad gun owners dont have the same attitude.Thats one of the reasons I am gone.
Government giving away free money and services
- Liberalism 104 (prereq: Liberalism 103)
Government handouts work and are necessary.
- Liberalism 103 (prereq: Liberalism 102)
Vigilante justice is unacceptable
- Liberalism 102 (prereq: Liberalism 101)
Better he reoffend than be dead (the guy who was shot)
- Liberalism 101 (prereq: lobotomy).
- Liberalism 104 (prereq: Liberalism 103)
Government handouts work and are necessary.
- Liberalism 103 (prereq: Liberalism 102)
Vigilante justice is unacceptable
- Liberalism 102 (prereq: Liberalism 101)
Better he reoffend than be dead (the guy who was shot)
- Liberalism 101 (prereq: lobotomy).
Good quote!
That being said... IMO, If someone initiates a crime that involves the threat of ones life and ends up dead/injured because of it they should be held liable for there own death/injury. Just like if someone initiates a bank robbery and there partner in crime gets killed they can be held responsible for the murder.Point being, there actions are what triggered the happenings leading to the incident therefore they are ultimately responsible.
this is the kind of mind set instilled in people.where I am I very much doubt they would charge you .you have the right to defend your self even with deadly force,and police look on robbers with jaundice eye.to bad gun owners dont have the same attitude.Thats one of the reasons I am gone.
Once the perp started running away, the cabbie was no longer in danger and was thus no longer defending himself. In most states, that would result in being charged, and perhaps convicted.
Refused? Poor choice of words. How about "the Essex County Grand Jury determined there was insufficient evidence for a criminal trial to go forward"
I understand the use of deadly force and that the cab driver was no longer in danger thus not justified to use deadly force anymore but hear me out here.......this story is exactly one of the things that is wrong with this countries Justice system. (yeah, yeah I know if I dont like it I can get out.... but I am going to exercise my freedom of speach 
) A situation like this should be assessed as easy in this case as this, "shit bag broke the law and got what he deserved.... looks like he wont do that again.... end of story and give the cab driver a public recognition and gift card to Target for 100 dollars for making the world a safer place.
The way this country handles people doing what is right is exactly the reason crime will continue to climb in this country.... they know how to work the system.
) A situation like this should be assessed as easy in this case as this, "shit bag broke the law and got what he deserved.... looks like he wont do that again.... end of story and give the cab driver a public recognition and gift card to Target for 100 dollars for making the world a safer place. The way this country handles people doing what is right is exactly the reason crime will continue to climb in this country.... they know how to work the system.
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Not necessarily a poor choice of words......unless you are in the room with the jurors you do not know. They may have "refused".
All the evidence in the world could be there to indict. The grand jury can still decide not to indict for any reasons they deem appropriate.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
I understand the use of deadly force and that the cab driver was no longer in danger thus not justified to use deadly force anymore but hear me out here.......this story is exactly one of the things that is wrong with this countries Justice system. (yeah, yeah I know if I dont like it I can get out.... but I am going to exercise my freedom of speach
The way this country handles people doing what is right is exactly the reason crime will continue to climb in this country.... they know how to work the system.
Personally I don't condone shooting someone in the back that is running away. Deadly force is for defending life not punishment. However I wouldn't have a problem with someone that decides to chase someone down who stole something of theirs. And if the bad guy tries to hurt the good guy and ends up dead when the good guy catches up with him so be it.
Myself I wouldn't chase someone down to retrieve property because it ain't worth the chance of catching up with the bad guy and then have him kill me when I try and get back my TV or wallet.
This is the only thing that I have an issue with. If you are pulling out a firearm then you shouldn't be shooting to scare while standing on a populated city street. Unless the cabbie was just saying this to cover for himself. In which case he would by lying in order to cover for something he felt he did wrong.
Actually, "refused" may not be far from the mark.
A Grand Jury receives a case on a "presentment" profferred by the prosecuting authority (in the Commonwealth, the Attorney General (rare) or the District Attorney). The presentment is, in effect, a request that the Grand Jury return an indictment (technically, "a true bill").
The Grand Jury votes in secret (the reporter and the DA leave the room). Why each member votes as he does is up to him (and something he can never be questioned about). It is possible that some voted because they went through an analysis and made the determination you describe; it is possible that some voted because they didn't want the cabbie prosecuted (regardless of what the law says); and, in fact, it is almost certain that the negative votes included some of each type.
Under the undisputed facts of this particular case, it is inferable (though, as I say, we can never know for sure) that most of the "no bill" votes were of the latter type, as it would be hard to reach the analytic conclusion you have described.
Nullification by the Grand Jury occupies a hallowed place in our constitutional history.
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