Poor Bastard Didn't Know That Only Cops Can Shoot You In The Back..

From the 1/30/07 issue of The Boston Globe

Cabdriver charged with shooting alleged robber

Lawyer says client feared for his life


LAWRENCE -- "Bienvenido Rodriguez admits disarming the safety on his gun and firing at the man who allegedly robbed him at knifepoint, but he never meant to shoot anyone, according to a police report.

As a result of his actions, the 42-year-old taxi driver, who friends say is an immigrant success story with an even temper, was transformed from a victim to a perpetrator of a violent crime, authorities said.

Police reports said Rodriguez admitted to detectives that he fired at Herman Irene as the alleged robber ran away from him, but that he insisted he never meant to hit him.

"He only meant to scare him and did not think he hit him, since when he shot the gun off he was aiming high," the report said.

Rodriguez's lawyer said yesterday that her client feared for his life, but Lawrence Police Chief John Romero said Rodriguez went too far.

"When a guy is fleeing, he no longer poses a threat to you," and a person cannot legally use deadly force as their attacker runs away, he said.

Rodriguez, who immigrated from the Dominican Republic 22 years ago and is a naturalized citizen, was working his usual overnight shift early Sunday, driving a minivan for Liberty Car Services of Lawrence, according to court records and interviews.

Rodriguez already had one fare on board and was heading to Haverhill when he stopped to pick up Irene on Springfield Street in Lawrence.

When the van drove into the darkness of a highway overpass on Parker Street in Lawrence, Irene allegedly pulled a knife, forced Rodriguez to pull over, and robbed him of the cash stuck into the car's visor, according to court records and Rodriguez's lawyer. The other passenger witnessed the exchange and called police on his cellphone, records show.

Irene got out of the van and started running, and Rodriguez reached for the licensed .40 caliber Smith and Wesson pistol he carried, released the safety, and fired one shot into Irene's back, authorities alleged.

Rodriguez pleaded not guilty in Lawrence District Court to charges of assault with intent to murder and assault and battery with a dangerous weapon and was ordered held on $10,000 cash bail by Judge Kevin J. Gaffney.

Irene, 36, of Lawrence, was recovering yesterday at Brigham and Women's Hospital in Boston, where he was arraigned and charged with armed robbery, according to Essex District Attorney Jonathan Blodgett's office. Bail was set at $10,000 cash. Irene also faces attempted murder charges from a prior domestic violence case, prosecutors said.

Rodriguez's lawyer, Pamela F. Saia, said he should not have been charged. "He was the victim of a crime," she said. "Mr. Rodriguez is scared to death. . . . He was completely afraid he was going to be killed."

Poor Bienvenido is history. Even disarmed the safety. In Massatwoshits. Forget that lots of armed felons will dash for cover as they reposition themselves to do one of two things, flee, or come right back atcha. Forget that law enforcement shoots people, as well they should, in the front, back, side or upside down.

Lowly little nobody like Bienvenido is doing hard time. Him being a citizen and all, and not some coddled illegal alien that could throw himself on the mercy of the court. I'm going to do a search for his lawyer and see if I can't send her some information that might help.

Damn. She's listed as Attorney At Law Real Estate. He's a goner.