By Cindy Landrum  

AUGUST 2, 2010 11:53 a.m. Comments (4)

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State probation officials will wait for the outcome of the latest criminal charge filed against John Ludwig Jr. to decide whether to ask a judge to revoke his probation.

Ludwig avoided jail time when a judge suspended his five-year prison sentence to three years probation after the Greenville businessman pleaded guilty to reckless homicide for plowing his Maserati through a house and killing the homeowner as he watched television.

Ludwig found himself in legal trouble again Sunday when he was arrested and charged with third-degree assault and battery in connection with a July 20 confrontation in a downtown restaurant.

If Ludwig is convicted, it would be a violation of his probation and a judge could decide to revoke his probation and send him to prison, said Pete O’Boyle, spokesman for the South Carolina Department of Probation, Parole and Pardon Services.

The department has increased Ludwig’s supervision level to intensive, meaning he will have to meet weekly with his probation agent and have a home visit at least once a month, O’Boyle said.

“He just needs to stay out of trouble,” O’Boyle said.

Probation officials do have the power to have somebody arrested on a probation violation charge if they are arrested, but not yet convicted, for another crime if the person poses an immediate threat to public safety. But those cases are uncommon, he said.

If Ludwig is convicted of the new charge, the department would have an internal administrative hearing to decide whether there’s probable cause to believe a judge could decide to revoke the probation, O’Boyle said. The decision to revoke somebody’s probation and send them to prison is a judge’s, he said.

Ludwig, 38, surrendered to Greenville police officers on Sunday, his 38th birthday. He was booked at the Greenville County Detention Center and released on a personal recognizance bond. He was also ordered to stay away from the victim. Officials would not identify the victim, who was believed to be someone Ludwig knew through business.

The victim, a 50-year-old man, told police he walked into Barley’s Tap Room on July 20 around 7 p.m. and was approached by Ludwig.

According to the warrant, Ludwig, who called the victim by name, reached out to shake his hand and forcefully pulled the man toward him. The man told police he was able to break free from Ludwig after several attempts.

The man told police Ludwig made a vulgar statement to him and also spit in his face.

The arrest is the latest in a series of legal battles for Ludwig.

Last year, he was sentenced to three years probation and 500 hours community service after pleading guilty to reckless homicide in connection with an April 2009 wreck in which his Maserati plowed through the home of Bill Bardsley, killing him as he watched television.

The sentence shocked 13th Circuit Solicitor Bob Ariail, outraged the community and had some in the legal community talking about a two-tiered justice system.

Ludwig also received probation after pleading guilty to assault of a high and aggravated nature in connection with a July 2008 case where Ludwig kicked in the door of the home of a man who was involved with his then-estranged wife.

In a deal reached before the reckless homicide sentencing, Ariail agreed he would not seek a greater sentence on that charge than what Ludwig received for reckless homicide.

And finally in February, a Greenville Municipal Court jury found Ludwig guilty of criminal domestic violence first offense for hitting his then-estranged wife in February 2009, two months before the fatal wreck.

Municipal Judge Matt Hawley said he was obligated to suspend a jail sentence in a criminal domestic violence first offense case and then ordered Ludwig to pay a fine of $1,000.

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Bob Roberts  - 2 tier system?   |2010-08-02 10:01:30
It looks to me like he is simply exempt from the justice system. He was treated
leniently because of charitable contributions. Those must have been to the fund
to line pockets of judges.
Hannah  - Teflon...   |2010-08-02 10:12:52
John Ludwig is teflon...either that or Wilkins and Ariel are in cahoots...and
mini-Wilkins has his eye on Ariel's job! Things that make you go hummm. I hope
Ludwig goes to PRISON this time...some day he' going to mess with someone who
can't be bribed.
Angry mother   |2010-08-02 10:19:03
Probation is as messed up as the courts - Ludwig is free - again - after clearly
violating his probation on a reckless homicide conviction (killing someone) and
a person who violated probation on a marijuana charge is in prison.
kkaufman  - concerned mother   |2010-08-02 10:31:01
How about the incident where he punched a man in the face during a party a few
weeks ago - how about the incident where he sat at the bedside of a man with
broken leg (about a month ago at GHS) - how did the man's leg get broken? At
what point does he need to hurt someone else to be pulled off the streets - He
thinks he is untouchable and the legal system is enabling the behavior - Another
person is going to end up seriously hurt - Why is the parole officer not
investigating the rest of these claims and keeping the community safe?
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