Massachusetts Criminal Defense Attorney Blog
On January 28, 2007 Herman Irene flagged down a cab on South Broadway in Lawrence, Massachusetts. The cab driver, Bienvenido Rodriguez already had a fare but agreed to let Irene sit in the front seat and drive him a short distance for five dollars. The passenger heard Irene and Rodriguez argue in Spanish. Irene then brandished a knife, robbed Rodriguez and fled from the cab. That is when Rodriguez took out his gun and fired a shot into Irene’s back. The passenger witnessed the robbery and the shooting. Irene was charged with armed robbery and assault with a dangerous weapon. Prior to trial he was offered a 5-7 year sentence. Irene rejected the offer, went to trial in Salem Superior Court and lost. He was just sentenced to 15-22 years in state prison. He will have to serve at least 15 years of this sentence before he is eligible for parole.
The prosecution did attempt to charge the cab driver with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits. The case was presented to an Essex County Grand Jury. The grand jury did not return a bill. The result is that there was no prosecution against Rodriguez.