Update: Judge Has 'No Time Frame' For Reviewing John Ludwig's Sentence

Solicitor Bob Ariail has filed a motion to overturn John Ludwig Jr.'s sentence of probation for a reckless homicide guilty plea.

The motion says he wants the judge to reconsider the sentence for 3 reasons:

1. Ariail says the sentence is so disproportionate to other sentences for similar cases in Greenville County.

2. Ariail says the court expressed it was influenced by the way Ludwig spent the money he earned. Said that is not appropriate for sentencing.

3. Ariail says public reaction mandates a review to ensure communtiy faith and confidence in our justice system.

If the appeal is granted, another court hearing could happen this week. Ludwig's attorney, Billy Wilkins, said in a written statement that they would oppose the solicitor's motion.

"We, of course will oppose this motion," Wilkins said. "No two cases are identical. The statute in question allows a judge to impose a sentence from zero to ten years, depending on the particular facts of the case before the judge. I note that the cases cited by the state in its motion reflect sentences ranging from incarceration to house arrest to straight probation. It is important to understand that John was not intoxicated or high on drugs. This was a case about driving too fast which resulted in a terrible and unintended tragedy."

On November 20th, the 'Greenville News' reported the following: Circuit Judge James Williams Jr. told The Greenville News he hasn’t reviewed the request by Solicitor Bob Ariail to reconsider his sentencing of Ludwig to three years probation and 500 hours of community service after Ludwig pleaded guilty to reckless homicide.
Ludwig had faced a maximum sentence of 10 years in prison.
“It’s entirely up to me and I haven’t even read the thing yet,” Williams said. “So I don’t know whether I will hold a hearing on it or whether I’ll just issue an order.”
The read the full interview with Judge Williams, click here.

Motion to Appeal Ludwig Jr. Sentence

GREENVILLE, S.C. (WSPA) - John Ludwig pleaded guilty to reckless homicide in a Greenville courtroom Monday morning, but will serve no jail time.

Judge Judge James C. Williams Jr. sentenced Ludwig to five years probation, suspended to three years probation. Ludwig must also serve 500 hours of community service.

The 13th Circuit Solicitor's Office recommended the maximum sentence of 10 years in prison for Ludwig on this reckless homicide charge. The murder charge against Ludwig has been dismissed.

Solicitor Bob Ariail said the following after the sentencing of John Ludwig: "We strongly believed, as an advocate, that Mr. Ludwig deserved an active prison sentence and urged the Judge to impose the maximum ten 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."

Solicitor Bob Ariail says DNA on the airbag of the Maserati confirms Ludwig was behind the wheel in April when his car crashed into the home of Frederic Bardsley in Travelers Rest. Ariail says Ludwig was the only person in the vehicle.

In court, Ariail says the chief legal counsel of SDI, Ludwig's former company, was traveling in front from of Ludwig when Ludwig passed him on the left pulled in front of him and went off the right side of Roe Ford Road. The posted speed limit is 35 miles per hour and is posted no passing.

Ariail says experts determined Ludwig was traveling at least 85 miles an hour when the accident happened.

Ariail says in court that Ludwig has 24 traffic citations - most cited as speeding by Ariail - since 1992. Ludwig's attorney says all but two of the speeding violations were 10mph above the posted limits for those offenses.

Ludwig's attorney says alcohol or drugs did not play a role in what happened when he crashed his car into the Bardsley home on on April 25, 2009. The defense introduced several witnesses to address the character of Ludwig before Judge Williams Jr.

Ludwig's family and friends were in court to testify to Ludwig's character.

Police say Ludwig was driving more than 85 mph and lost control of his Maserati April 25. The car sped across a field before plowing into the back of 62-year-old Frederic Bardsley's home. Bardsley was killed. His wife, who was upstairs, was unhurt, and Ludwig suffered minor injuries.

Ludwig's attorneys have said their client lost control after swerving to miss several deer.

GREENVILLE, S.C. (AP) - The family of a South Carolina man killed when John Ludwig drove his Maserati into a home has settled a civil case for $3 million.

The Greenville News reported Wednesday a probate judge has approved the settlement between Greenville businessman John Ludwig and the estate of 62-year-old Frederic William Bardsley III. Ludwig was ordered to serve three years probation and perform 500 hours of community service earlier this week after he pleaded guilty to reckless homicide. Ludwig had been charged with murder before agreeing to plead guilty to the lesser charge.

The settlement approved by Probate Judge Deborah Faulker gives Bardsley's estate $1 million from Ludwig's car insurance company and $2 million from Ludwig's former company.

The Bardsley's family attorney would not talk about the settlement.

Solicitor Bob Ariail told The Greenville News that his case was weakened by the $3 million civil settlement, which was struck just days before he presented his case. He also told the paper that the family's unwillingness to talk also hampered his case.

We will have more on this story today on News Channel 7.