


| Despite a tearful plea from the sister of a Milton firefighter nearly killed last year, a Superior Court judge refused yesterday to sentence a repeat drunk driver to state prison, saying the crime was an act of carelessness, not violence. |
| People sentenced to county houses of correction are usually less violent and are given more access to state rehabilitation programs; they often remain closer to home and their loved ones. Those sent to state prisons are generally considered to be more violent, typically spend a longer time incarcerated, and can be sent anywhere in the state to serve their sentences. |
| The judge said she did not believe Tolbert's personal and criminal history justified such a severe sanction. Tolbert's two drunk driving convictions were his only crimes during the last 20 years, she said. "We do have the two OUIs . . . but state prison, I think, is for repeat violent offenders, and Mr. Tolbert is not that," the judge said. "This is not so much an intentional and willful act as it was an act of thoughtlessness and carelessness. . . . It was certainly serious, but not the kind of crime that warrants a state prison sentence." Norfolk District Attorney William R. Keating's office had sought a seven-year prison sentence. |
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