Projo 7 to 7 News Blog

Taking the news pulse of Rhode Island and Southeastern Massachusetts, by Providence Journal and projo.com staff, from 7 to 7, every business day

Get the 7 to 7 on your mobile at www.projo.com. Twitter: projo | RSS | Email alerts

No parole, but judge cuts DUI sentence / photos

12:02 PM Thu, Jan 29, 2009 |
Jack Perry    Email

lipton.jpg
Joshua Lipton, right, and his lawyer, Kevin Bristow, appear before Judge Daniel Procaccini on a motion to reduce his sentence for the drunken driving accident in 2006 that seriously injured Jade Combies. Combies, below, who was hospitalized for three months with brain trauma and fractures to the femur, hip and collarbone, has undergone four surgeries and physical therapy, cried in court today with Mayra Diclo, a victim's advocate from the Attorney General's Office. Providence Journal photos / Mary Murphy

By Katie Mulvaney
Journal staff writer

PROVIDENCE -- A Superior Court judge this morning cut six months off the sentence of a former Bryant University student who was convicted of drunken driving in a 2006 crash that severely injured a Lincoln woman.

Joshua Lipton asked Judge Daniel A. Procaccini to reduce the sentence just days after the Parole Board denied his request for parole.

Lipton gained nationwide notoriety when a picture of him at a Halloween party wearing a "jail bird" prison jumpsuit appeared on the Facebook social networking Web site just weeks after he was charged in the drunken-driving crash.

jade_combies_250.jpg

In May, Procaccini sentenced the former student from Fairfield, Conn., to 10 years in prison, with 2 to serve.

In reducing Lipton's sentence today, Procaccini noted his good behavior in prison.

Procaccini said that before court, he entered Lipton's name in the Google search engine and found numerous references to his picture on Facebook.

Procaccini said, "This defendant will have a constant reminder of his serious errors in judgment for many years to come."

Lipton will now be eligible for release May 27.

The Rhode Island Attorney General's Office opposed the reduction.

The woman who was badly injured in the crash, Jade Combies, attended the court session and cried.

Afterward she said, "I thought he was going to go home today, but he didn't. Justice was served."

Combies has limited use of her right arm and a scar across her forehead from the crash.

Lipton had asked Procaccini to reduce his sentence last month, but the judge continued that hearing until after the Parole Board's hearing. On Monday, the board refused to grant parole to Lipton.

social bookmarking

Comments

red said:

The judge is a gutless wonder. If he's not capable of making a decision he can live with in the first place he shouldn't be on the bench. If the parole board decides a prisoner should not be paroled at this time, then that's that. Judge Procaccini gave a light sentence to begin with, and the Parole Board noted that. What a shame for the victim, and for any future victims of this drunk driver.



Ken D. said:

After searching Google and finding numerous references of the drunken driver, the judge states, "This defendant will have a constant reminder of his serious errors in judgment for many years to come." and reduces his sentence. Poor baby. Maybe he should have considered the constant reminder of the scar on the victims forehead and the limited use of her arm.



NM said:

Give me a break. This judge is reducing his sentence for his good behavior in prison. Remember, he's in there for his bad behavior - drunk driving that injured someone and changed their life forever. What kind of message does this send to other kids who drink and drive. Everyone needs to be enlightened that alcohol is a DRUG, as bad as or maybe even worse than other drugs. Reducing his sentence makes no sense at all. Especially this kid who dressed as a jail bird and mocked the whole thing.



k said:

Disgusting. This wasn't just an accident. He was driving while intoxicated...and this poor girl has lifetime wounds. He should remain in jail, especially since right after the accident he seemed to have no remorse. The photo shows he was having a real good time at the party...what's the matter Joshua..it's not real good times at the ACI? Shame on the judge for reducing his sentence.



umoron said:

Although what he did is horrific, we need to put personal feelings aside, that's the only way our judicial system will work. We need to base decisions on facts, not feelings. I don't agree with shortening his sentence, because as someone pointed out he's there because he did something bad, you shouldn't get rewarded for being a good boy during your punishment, but if the law states that we can do this, then perhaps we need to lobby for tougher sentencing laws so people like him get the punishment they deserve.



alice said:

I do not think Judge Procaccini is fair to women. He acts as if his crime was not so bad because of the victim.



C said:

A lot of people need to get their facts straight and stop judging someones mistake. Im sure all of you have gotten behind the wheel of a car when you shouldn't have, and if any of you have children, pray they won't make a mistake, and do something everyone does at some point in their life. If your child was Josh Lipton, you may feel different about how your child should be treated!



Joe said:

You guys are forgetting who the one at fault is. The judge could have let him free today but he did not. People must be given slight time off if they have 100 percent good behavior because thats the only way to stop the violence plus look at this mans record. He has none and he still needs to serve the rest of the time.



K said:

I am sickened. As a mother who lost her son to a drunk driver, the person was sentenced to 10 years to serve, that person is up for parole in just 2 years. It is a shame, digusting and such a disjustice to the "victims" who live our lives everyday changed forever.

If this was the judges son or daughter I can gaurentee this would be different.

I pray to god this kid does not get out, have a drinking party with his buddies and hurts or kills someone else, and god bless that girl.

My heart breaks as I see this. Knowing you can kill someone or injure them and destroy their lives and they walk....something is seriously wrong in this world.

I just pray for Karma.



ee53 said:

Judge Procaccini should be ashamed of himself and removed from the bench.

Does he REALLY think that this loser is going to have any remorse for his actions? The only remorse he has is for the fact that he had to go to prison.

And . . . the sentence was far too light to begin with. Drunk driving is practially an official sport in this state.

The picture of his victim crying in courtroom is heartbreaking. No amount of money will ever erase the emotional effects of the accident or the physical effects of her injuries.

And now, the "judge" has turned this guy loose, and he'll undoubtedly do it again.

I fear for his future victims, and their blood is on Procaccini's hands.

The next time this guy drives under the influence (and he WILL), with any luck he'll only kill himself.

Shameful.



joe said:

To reduce a sentence based on behavior in prison is ludicrous and to abrogate the authority of the Parole Board is unheard of and beyond his purview.(I hope every ACI inmate ,parolee and probationer files a motion for reduction if their behavior warrants it).If the AG does not appeal this reduction,they are beyond incompetent.Motions filed out of time are seldom heard and one wonders why it was this time.



Cls711 said:

As I sat in the court room,when judge Procaccini fist sentenced Josh Lipton I heard words like "depraved" "not remorseful" my heart ached. It ached because the only information he or anyone else had about Josh Lipton was on a piece of paper stating the charges which he was convicted of. "Drinking and driving that caused serious bodily injury to another human being", but as I sat in the court room yesterday, and listened to judge Procaccini I had a new respect for the man, he had finally gotten a glimpse of the kind of man that Josh Lipton truly is. He is a kind, respectable, caring, productive, person. I was also pleased that Judge Procaccini understands that punishment for similar crimes should and must be treated on an individual basis, that parole board seems to have a generic response "denying parole to those who may in fact deserve it." My hat is off to Proccacini, keeping someone like Josh Lipton, in prison is a waste of tax payers' money. He is a good, decent man, who had payed his debt to society. I feel sorry for Miss Combies, not only because she was injured, but it seems no sentence would make her happy. "Remorse" only god knows what's in someone's heart, not Miss Combies, not the parole board. I only hope Miss Combies takes this opportunity to realize that by the grace of God, that she can go on and start anew. From what I see she has had a remarkable recovery, and I hope she will continue to look ahead and not try to sit in judgement. Because if the shoe were on the other foot she may have a better understanding because she was not the only one injured in this accident. It is time to move on and look to the future.



Ashley said:

Cls711.. You could not have said it any better. I too agree that no sentence time would have been good enough for Miss Combies either. Josh will have a new life himself when he returns home and a completely different way of looking at things. As someone who visited Josh during his sentencing, he has become a stronger, wiser and more mature man. Josh has the most loving heart and to see that picture of him sitting there makes my heart break. He knows what he did was wrong and was not something he would ever put himself in a position to do again. I'm sorry to all of you people out there that believe jail will solve all of your problems. When I was younger my best friend, who was at the time 15 years old, was KILLED in a "drunk driving accident" and neither myself OR her family wanted to see the other individuals involved do ANY jail time and neither of them did. It is not a matter of sitting in jail it is what you will have to deal with in your own heart for the rest of your life. We thank you Judge Procaccini for making the most appropriate decision.




Leave a comment

Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.




Type the characters you see in the picture above.