Outgoing NY Governor Andrew Cuomo has been blasted by victims’ groups for commuting the murder sentence of San Francisco District Attorney Chesa Boudin’s dad over an armored car robbery that killed three.
Cuomo announced he was commuting the prison sentences of David Gilbert, 76, Greg Mingo, 68, Robert Ehrenberg, 62, Ulysses Boyd, 66, and Paul Clark, 59, on Monday night.
All five have murder convictions, with Gilbert – Boudin’s father – the only killer still being held in custody over a deadly 1981 hold-up of a Brinks cash truck, that left a security guard and two cops dead.
Gilbert was convicted of three counts of second-degree murder.
Boudin shared his joy on Twitter, while saying that his heart ‘breaks for the families that can never get their loved ones back.’
‘My heart is bursting. On the eve of my first child’s birth, my dad – who’s been in prison nearly my entire life – was granted clemency. He never intended harm, yet his crime devastated many families,’ he added.
But the clemency was received with backlash from elected officials in Rockland and family of the victims.
The Rockland County Patrolmen’s Benevolent Association has opposed to previous attempts of clemency for Gilbert.
State Assemblyman Michael Lawler said the commutation was a ‘disgusting betrayal to the people of Rockland County, the families of Peter Paige, Edward O’Grady, and Waverly Brown, and law enforcement officers everywhere.’
This October will mark the 40th anniversary of the 1981 Brink’s robbery, in which Gilbert and his wife, Kathy Boudin were involved.
Kathy Boudin fired the shots that killed the two cops, and was sentenced to 20 years in prison but was released in 2003.
Cuomo’s commutation means that his 75 year sentence has been reduced to 40 years time served, with Gilbert now referred to a parole board so he can be considered for release.
Explaining the decision to pardon Gilbert, Cuomo said his convictions ‘were related to an incident in which he was the driver, not the murderer.’
Gilbert was a member of 1960s far-left revolutionary group the Weather Underground. He and his cronies would hold up Brinks trucks filled with cash taken from stores to fund their ideology.
Andrew Cuomo has commuted the sentence of terrorist killer David Gilbert – the father of San Francisco DA Chesa Boudin, pictured, left, with his father in an undated photo
Chesa Boudin, son of David Gilbert, shared on Twitter his joy after Cuomo granted his father clemency. He addressed the family of the victims heartbreak, but said his ‘heart is bursting’
Boudin was just 14 months old when his parents, David Gilbert and Kathy Boudin were arrested for the 1981 Brink’s robbery that left two cops and one security guard dead
David Gilbert and wife Kathy Boudin – who was convicted of murder after shooting and killing two cops during the same 1981 robbery, only to be freed from jail in 2003
Boudin is facing a recall as San Francisco DA over claims he is too soft on crime, and advocated for his dad’s release from jail
In this May 1985 photo provided by Chesa Boudin, his father, David Gilbert, makes fists as his father holds him during a prison visit at Auburn Correctional Facility in Auburn
The heist which landed him in jail started at the Nanuet Mall in upstate New York, when security guard Peter Paige was killed during the robbery. His colleague Joseph Trombino was seriously wounded, and later died in the 9/11 terror attacks.
Police later stopped the robbery’s getaway drivers in nearby Nyack, with Nyack Police Sergeant Edward O’Grady and Officer Waverly ‘Chipper’ Brown both killed.
Two other cops were badly injured at the roadblock set up to try and catch Gilbert and his fellow robbers.
Gilbert requested clemency in March, and was backed by his son – who faces a recall in San Francisco over claims he is soft on crime, as well as his wife Kathy.
Kathy Boudin acted as decoy and getaway driver, and fired the shots that killed both police officers. She was convicted of felony murder, but released in 2003, and has since gone on to become an adjunct professor at Columbia University’s School of Social Work.
When Gilbert and Boudin were arrester, their son, Chase Boudin, who would go on to become a San Francisco District Attorney, was just 14 months old.
Boudin was adopted by fellow members of the Weather Underground, who raised him in Chicago.
Gilbert’s 75 year sentence was reduced to 40 years time served, and he will now be referred to the parole board ahead of his release.
Elected officials in Rockland Country have expressed their solidarity with the families of the victims.
County Legislator Charles Faciglia told
Andrew Cuomo has announced five commutations for convicted murderers during his final hours in office
In the tweet, Cuomo disclosed the names, ages, and convictions of the sic men he granted commutations and pardons to
Ulysses Boyd, 66, was convicted of one count of second-degree murder and two counts of second-degree criminal possession of a weapon for an incident in which he was not the gunman
Greg Mingo has assisted over a thousand of other incarcerated people after earning his GED and a paralegal certification, and taught an eight-week legal research
Mary Crowley, the sister of one of the killed cops, said she was saddened and disappointed by Cuomo’s decision.
While in prison, Gilbert also worked as a a student tutor, law library clerk, paralegal assistant, teacher’s aide, and an aide for various additional facility programs. Parole board will oversee his potential release.
Cuomo said: ‘I am granting clemency to 6 people. These individuals have shown remorse, rehabilitation and commitment to their communities. I thank all the volunteer attorneys representing clemency applicants for their dedication and service to justice.
The governor will step down from his position at 11:59pm EST Monday night after being accused of sexual harassment by 11 women. He denies their claims.
Lieutenant Governor Kathy Hochul will replace him.
She is scheduled to be sworn in at 12.01am Tuesday.
Cuomo announced two weeks ago that he will resign from office rather than endure a likely impeachment battle in the state legislature over sexual harassment allegations.
A commutation is a reduction in sentence, while a pardon removes the conviction altogether.
Commutations are intended to reward prisoners who have shown good behavior, or to reduce sentences that are too harsh for the crimes committed.
In the state level, only governors are entitled to grant commutations. They cannot be revoked, unless they have been grated on the basis of inaccurate evidence.
Paul Clark, 59, has served 40 years of a 58 years and 4 months-to-life sentence. While incarcerated, Clark earned a GED degree, an associate’s degree, and a variety of vocational certificates. Upon release, Clark will be reunited with his wife
Robert Ehrenberg earned an associate’s degree from SUNY Sullivan and a Bachelor of Science degree from St. Thomas Aquinas College while he was in prison
David Gilbert, 76, has served 40 years of the 75-years-to-life after he was convicted of three counts of second-degree murder and four counts of first-degree robbery in 1983
Mingo has served 39-and-a-half years of the 50 years-to-life he was convicted to.
He assisted over a thousand of other incarcerated people after earning his GED and a paralegal certification, and taught an eight-week legal research.
Gilbert was convicted of four counts of second-degree murder, first-degree robbery, first-degree burglary, and second-degree criminal possession of a weapon.
He now plans to work as a counselor to help individuals dealing with addiction, anger, and domestic violence.
Ehrenberg earned an associate’s degree from SUNY Sullivan and a Bachelor of Science degree from St. Thomas Aquinas College while he was in prison.
He has worked as a tutor, designed an 16-week algebra course, and helped charitable groups for causes like childhood cancer research, animal rescue and sanctuary efforts.
Ehrenberg served 28-and-a-half years of the 50-and-a-half sentence he got after he was found guilty of two counts of second-degree murder, one count of first-degree robbery and first-degree burglary.
Ulysses Boyd served 35 years of a 50 years-to-life sentence. While incarcerated, Boyd served as a clerk for the facility branch of the NAACP and as a DOCCS transitional services coordinator for over a decade. Upon release, Boyd will be reunited with his wife
Greg Mingo assisted over a thousand of other incarcerated people after earning his GED and a paralegal certification, and taught an eight-week legal research
Boyd, 66, was convicted of one count of second-degree murder and two counts of second-degree criminal possession of a weapon, and has served 35 years of a 50 years-to-life sentence.
He worked as a clerk for the NAACP branch on the facility where he was imprisoned and as a DOCCS transitional services coordinator for over a decade.
Clark has served the most years from the group of men- 40 of his 58 years and 4 months-to-life sentence.
He has also earned a GED degree, an associate’s degree, and a variety of vocational certificates.
Clark was convicted of three counts of second-degree murder, one count of second-degree attempted murder, and one count of second-degree criminal possession of a weapon.
The only pardon was given to Penn, who pled guilty falsifying business records in 2015 and was incarcerated for two years.
Penn is a West Point graduate and a veteran.
Cuomo said that a pardon will ‘allow him to fully re-engage in a meaningful way with society.’
Lat week, Gov Cuomo also granted clemency to 10 people, among them a man whose unsuccessful campaign for exoneration in a 1998 killing was championed by actor Martin Sheen.