Ariail 'I'd do the same thing over again'

Solicitor tried for maximum sentence on reckless homicide charge

by Cindy Landrum

Published: Nov. 22, 2009, 4:32 p.m.

It started with a simple phone call about two months ago.

“Let’s see what we can work out on this thing,” the voice on the other end of the line told 13th Circuit Solicitor Bob Ariail.

“This thing” was the case of John Ludwig, the Greenville businessman who faced charges of murder and reckless homicide in connection with an April accident in which he drove his Maserati through a house near Furman University, killing homeowner Bill Bardsley.

The voice on the other end of the line was the former chief federal appellate judge for the 4th Circuit and Ludwig’s defense attorney, Billy Wilkins.

It ended in a Greenville County courtroom Monday when retired Circuit Judge James C. Williams Jr. spared Ludwig a prison sentence and instead sentenced him to three years probation and 500 hours of community service.

The sentence left Ariail shocked, some in Greenville’s legal community talking about a two-tiered justice system and the community outraged.

Ariail said when he and Wilkins discussed possible sentence recommendations, he insisted on the maximum 10 years, something to which the defense would not agree.

“I wasn’t going to agree to anything less because I’d be criticized for cutting a deal,” Ariail said. “And, I didn’t think it was appropriate.”

The solicitor said most of the lawyers in his office and other solicitors he consulted believed the likely sentence would be 8 to 10 years in prison.

Ariail said he thought he was hearing things when the judge said Ludwig’s driving record was bad, but not as bad as some he’s seen while on the bench.

“I could feel it coming (the probationary sentence),” he said.

Williams said the amount of money Ludwig made did not move or influence him.

“I am moved and influenced with what he’s done with it,” he said.

That’s when Ariail said he began getting concerned that Ludwig’s wealth was beginning to creep into the proceedings.

“I don’t have to interpret what was said,” Ariail said. “He (the judge) said it.”

Wilkins called the notion that Ludwig’s money kept him from going to prison ridiculous.

Ariail said his case was weakened by the lack of cooperation from the Bardsley family.

“I had no cooperation from the victim’s family whatsoever from any standpoint,” he said. “I was concerned that if we went to trial, even on the reckless homicide charge without the victim’s cooperation, the jury possibly could have reached the wrong result and Ludwig would have been convicted of nothing.”

Ariail said he was surprised the family’s lack of cooperation lasted throughout the six months since the accident.

“There was civil litigation going on and it appeared the family was more interested in that than the criminal proceedings,” he said.

Last week, the family settled with Ludwig and his insurance companies for $3 million, according to Probate Court records.

Ariail said without the cooperation of the family, he had a “very, very weak” murder case. “The murder charge gave him incentive to plead,” he said. “I think this reminds me that you’re never certain what a judge’s sentence would be.”

Ariail said he would take the plea again.

“If somebody is willing to plead guilty, we always accept it,” he said. “A trial only establishes guilt. Going to trial wouldn’t change anything. You would have the same judge.”

State Supreme Court Chief Justice Jean Toal said she could not comment on the ruling citing state ethics laws, but described Williams as a hard-working judge who she greatly admired. She cited his going to law school while working as a dairy farmer in the 1970s.

Toal has authority to assign judges to courts across the state, and said she often will send a judge from another region if the case is controversial. While she can send an active circuit court judge, she has a team of about six retired judges she uses for complicated cases that require a judge to work for several months.

She said she normally uses Williams and Ed Cottingham in the Upstate because they have few ties to the area. Toal said she will look into assigning a judge if she is contacted by the Clerk of Courts or a local judge, but could not remember who exactly called her to ask for a different judge in the Ludwig case two months ago.

Because of the sensitivity of the case, she said Williams was a good choice because he never worked in Greenville while he was an assistant solicitor, a city attorney or while on the bench. She also noted Williams never worked on federal cases or served in the Legislature, which cut down on potential ties to Wilkins.

Staff Writer John Boyanoski contributed to this report.

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