Retired judge defends 2021 sentence of accused Memorial Drive gunman – CBS News

Retired Massachusetts Superior Court Judge Jack Lu has defended the 2021 sentencing of Tyler Brown, stating that the court’s decision was the proper functioning of the justice system rather than a failure. The comments come amid renewed scrutiny of the case following a shooting on Memorial Drive in Cambridge on May 11, 2026.

Brown was sentenced in August 2021 following a 2020 shootout with Boston Police. At the time, he pleaded guilty to eight charges, including attempted assault and battery by means of discharging a firearm for firing at a Boston Police officer and armed assault with intent to murder.

Now-retired Suffolk Superior Court Judge Janet Sanders handed down a sentence of five to six years in state prison, which was followed by a period of probation that included mandatory mental health treatment.

This sentence was significantly shorter than what was requested by prosecutors. The Suffolk County District Attorney’s office had sought a prison term of 10 to 12 years, followed by five years of probation.

Judge Lu, who previously served as the chair of the Massachusetts Sentencing Commission, told WBZ News that the sentence given by Judge Sanders fell within established sentencing guidelines. He argued that judicial decisions must be based on the facts available at the time of sentencing.

Lu emphasized the limitations of judicial foresight during the sentencing process.

The judge doesn’t have a crystal ball. The judge doesn’t have extra sensory perception. The judge does not have ESP. The judge has to do what’s fair to everybody. Judge Jack Lu

The sentencing decision was met with strong opposition from Rachael Rollins, who was the Suffolk County District Attorney at the time. In August 2021, Rollins expressed disappointment in the ruling, stating that the 10 to 12-year sentence she proposed was more appropriate given the level of brazen violence committed.

Rollins also raised concerns regarding the court’s decision to impose concurrent sentences for a separate and prior violent assault involving another member of the community.

In an interview with WBZ News on May 12, 2026, Rollins characterized the judge’s sentencing decision as double harm.

Court records indicate that Brown served approximately three-and-a-half years in prison. He was released from state custody on May 21, 2025.