Ryan LeVin, 36, will be able to actually live in “a prison of his own making.’ The scion of a wealthy Chicago-area family, LeVin killed British businessmen Craig Elford, 39, and Kenneth Watkinson, 48, while driving his $120,000 Porsche 911 Turbo. He then lied to police, left the scene of the accident, and blamed the accident on a friend. Yet, Broward Circuit Judge Barbara McCarthy decided no jail time was needed because the wealthy LeVin offered to pay the families of the dead men. Instead of 45 years in prison, McCarthy gave him two years home incarceration in his luxury home.
The affidavit in the case shows that LeVin was at a strip club partying before mowing down the men.
The widows accepted the deal in exchange for large checks and McCarthy ruled that “[t]he need for restitution does outweigh the need for prison.” McCarthy reportedly had to even prod LeVin to say anything to the victims in open court and he then omitted one small detail: an apology.
He pleaded guilty to leaving the scene of a fatal crash and two counts of vehicular homicide. He could have received 45 years for the deaths, but instead he will
Now here is the really great part: LeVin was on probation in Illinois for a 2006 case in which he had driven into a Chicago police officer and instigated a chase on the Kennedy Expressway. He has more than 50 traffic violations and a long history of drug abuse.
The Florida prosecutors wanted him to serve 10 years in prison, LeVin threw himself on the mercy of the court and his lawyer argued that the need for LeVin to pay restitution to the men’s widows and children outweighed the need for LeVin to serve prison time. In perhaps the most unfortunate choice of words in a vehicle manslaughter case, his defense attorney David Bogenschutz insisted “the wives and children of the deceased were significantly and permanently impacted by this incident.” Putting aside that the “incident” was a felony crime, it is surprising that McCarthy bought it. By the way, Bogenschutz has requested that the Porsche be returned to LeVin.
The article below notes that “a South Florida driver who pleaded guilty to a similar hit-and-run crash with one fatality was sentenced Friday to nine years in prison and ordered to pay $5,000 in restitution.”
I do not blame defense counsel who did an amazing job for his client. However, this is the most disturbing and frankly disgusting example of checkbook justice that I have seen in many years. The fault lies with Judge McCarthy, who despite having an impressive background, seems to have missed the gross inequities in this case. In her favor, the families wanted this result, but McCarthy has a duty to see that justice is done. Given this man’s record, I cannot see how such a short sentence in a luxury home satisfies the demands of justice. Adding to the controversy is a report that McCarthy was just reelected to a six year term with the help of her campaign deputy treasurer . . . you guessed it . . . David Bogenschutz
The case seems to return to a system of blood money where culprits would be help in jail while the family negotiated the price for his liberty. The families literally held the key and failure to reach an agreement could lead to death or banishment. Of course, in such a system, two dead men just become a cost of a spoiled kid’s pleasure.
Source: Chicago Breaking News
Jonathan Turley
Kudos: Dave Mattox
I was all set to write a mini-monograph on the time-honored remedy of weregeld in Anglo-Saxon jurisprudence, but Frank’s last post put the kibosh on that. Any non-lawyers reading all this might be astounded at what an incestuous place the American courthouse is. Speaking as a practitioner in a medium sized city, too often everyone knows everyone, many people are quite friendly with each other, and home-cooking always seems to be on the menu for some. The fact that the defense lawyer aided the judge’s election bid definitely colors her decision. This gets into the tangential question of whether having the popular election of judges doesn’t compromise their decisions in favor of those attorneys who either donate to their campaigns or lend their names to them. I have a good friend who once donated $50 to a local judge’s campaign and later told me that in all subsequent hearings before that worthy, every break seemed to fall his way. For a $50 investment! How beholden must a judge be to her campaign treasurer?
“This American Life” did a piece this past weekend about a hospital in a small West Texas town. They brought in an incompetent, immoral and unethical Dr. When the nursing staff started to complain the management shut them down. When they wrote to the State Board the local Sheriff got involved &, with the help of the head of the hospital and the local DA the indicted two nurses for harassing the Dr.
The DA just happened to be the lawyer for the hospital, and its head and a very good friend of the Sheriff. Very long story short the jury took 5 minutes to acquit & the Sheriff & others are now charged.
What is broken in a lawyers brain that does not immediately recognize the conflict of interest & get out of the deal?
Like the judge & attorney in this case, are they stupid or are they evil?
Somebody start heating the tar & plucking some chickens:
McCarthy was elected to a six-year term in 2010. Her deputy campaign treasurer? David Bogenschutz.
http://www.sun-sentinel.com/news/columnists/fl-levin-sentence-mayocol-b060711-20110606,0,304445.column?page=2
Why does this guy remind me of Bush II when he was that age … the facial feature resemblance is uncanny.
Add a cowboy hat and we have a double …
Some have a Judge in the pocket….per chance, was the Judge trained in Chicago….
Not at all, Blouise. It is quite appropriate in fact.
Would it be showing too much disrespect to my betters in suggesting Judge McCarthy is an enabler?
[youtube=http://www.youtube.com/watch?v=UVSWc9KzqV0&w=640&h=390]
Bette Noir,
Having a Porsche and only perhaps ten acres to drive it in is punishment in itself. However, your point is well taken, he should never again be allowed to drive at all.
Well perhaps then I can get a cheap settlement from the producers, I’m not greedy.
What is being done to assure this fool doesn’t drive again? It will take more than taking away his license. Can an ankle bracelet be made that will send an alarm to the police if he ever sits in the driver’s seat of any vehicle? He’s clearly a menace behind the wheel.
lol
I’m not sure, Mike. One could argue that posting the idea to the Internet in a timestamped manner could be the equivalent of a “Poor Man’s Copyright” where one sends a sealed copy of a manuscript to themselves via the USPS to prove timeliness, but I’ve never read any case law on that topic regarding such postings. I think it’s an argument that can be made absent some prior work verifiable by others, but it is an argument that has not yet been made to my knowledge.
Buddha,
Tell me with your legal expertise, if they do the show without me, do I have a viable cause of action? 😀
Good. I am glad that the two-tiered justice system that is American jurisprudence is finally laid out so openly for all to see.
A few hundred more cases like this and Americans may start to understand that until we can purge consideration of the net worth of both the accused and the victims from the process, there is no such thing as justice in America.
Mike S.,
Hollywood is on line one.
I think Strauss Kahn is of the same $$$$$$$ mind set in his alleged rape case in New York.
I’ve been stating here for some time now that we are fast heading towards a Feudal Society. The wealthy have
become our “nobility,” with rank determined by total assets, fame and family heritage. This man has the first and third factors, with notariety substituting for fame.
He is in the Kim Kardashian and Paris Hilton class since they became known for their sex tapes. I smell a reality show in the making “Imprisoned in a Mansion.” The story of a basically nice guy with problems, who struggles to live his life confined to 50,000 luxurious square feet.
Way to go, “Judge”.
Why not just start posting how much it takes to buy your way out of crimes like vehicular manslaughter on the door of your court?
Justice? Or “Just Us”. You clown.
I will state the obvious. What prevented a criminal decision followed by a civil trial? He did not need to work to make the restitution money. ( not that I condone that reasoning)
Sorry to repeat myself but the theme just keeps repeating:
Justice may be blind but she can smell money!