Cuomo Allows Driver In Deadly Brinks Robbery To Seek Parole

ROCKLAND COUNTY, NY — In one of his last actions before resigning in disgrace, Gov. Andrew Cuomo allowed David Gilbert, 76, to seek parole after 40 years behind bars, and many in Rockland County are outraged.

"As if victimizing 11 women, including members of his own staff, was not despicable enough his commutation of the 75-years-to-life sentence of David Gilbert is a further assault on the people of Rockland and New York State. Andrew Cuomo continues to focus on the well-being of murderers rather than the victims of these horrible offenses," Rockland County Executive Ed Day said in response.

Gilbert was one of the getaway drivers in the deadly Brinks armored car robbery in Rockland County in 1981. He is among the last surviving people still imprisoned for that act of domestic terrorism.

He wasn't released, as advocates asked. But now, Gilbert, who has served 40 years of a 75-years-to-life sentence and who was the only one still incarcerated with no possibility of parole in his lifetime, will be allowed to seek it.

San Francisco's chief prosecutor, the son left behind at 14 months old when both his parents were arrested, was one of many voices lobbying for clemency. SEE: Prosecutor Son Seeks Father's Release In Fatal Brink's Heist

Chesa Boudin's support for his father's clemency is personal, but said the case also revolves around questions of justice.

"No matter whether my father lives the rest of his life in a cage or whether he's released to spend his few remaining years with family, we can't undo the harm that his crime cost. And we can't bring back the men who were so wrongfully killed that day," he told the Associated Press in February. "At what point is enough enough? I don't know."

Many Rockland officials think they know.

"My thoughts, prayers and sympathy are with the friends and families of the victims of the 1981 Brinks robbery," Day said. "As Andrew Cuomo leaves the Governor’s Office in disgrace I pledge to fight year after year to keep David Gilbert from ever being granted parole."

Gilbert was a member of the Black Liberation Army gang that stole $1.8 million from a Brinks armored truck at the Nanuet Mall on Oct. 20, 1981. Brinks guard Peter Paige was killed in a shootout there. Nyack police tried to stop the robbers at the Route 59 entrance to the New York State Thruway shortly afterward. Nyack police Sergeant Edward O'Grady and Patrolman Waverly Brown were killed in the gunfight and Detective Arthur Keenan was wounded.

After four decades, the robbery still stirs strong emotions. SEE: Killer's Death Stirs Memories of a Deadly October Day

A ceremony is held every year. SEE: 31st Annual Brinks Memorial Service [PHOTOS]

Local officials have watched with anger as others convicted in the crime, including Kathy Boudin, walk out of prison. SEE: Deadly Brinks Robbery Getaway Driver Pardoned, Rockland Seethes

Gilbert, one of the drivers, was convicted of three counts of second-degree murder and four counts of first-degree robbery in 1983. Calls for clemency in early 2021 stirred memories and anger in the county. SEE: Rockland Lawmakers Oppose Clemency For Brink's Driver

Cuomo, in his message, said that "while incarcerated, Mr. Gilbert has made significant contributions to AIDS education and prevention programs; he has also worked as a student tutor, law library clerk, paralegal assistant, a teacher's aide, and an aide for various additional facility programs. At this time, Mr. Gilbert is the only individual still incarcerated, with no possibility of parole in his lifetime. He will be referred to the Parole Board for potential release."

Assemblyman Mike Lawler issued a blistering statement. "His decision only confirms what I've always believed about him: Andrew Cuomo is a coward and an awful human being. Only a sociopath, such as Andrew Cuomo, would think that David Gilbert, a man who participated in a heinous attack on law-abiding citizens and law enforcement alike, deserves to be eligible for parole. When the book is written on Andrew Cuomo, apart from leaving office in disgrace, his legacy will be a New York that has released unrepentant cop killers, child rapists, murderers, and terrorists. My only hope is that when all is said and done, the final chapter finds him in a jail cell."

Gilbert was one of six people, all but one over 60 years old, on the list. Cuomo commuted the sentences of four, referred Gilbert's case to the parole board, and fully pardoned one.

"The march towards a more fair, more just, more equitable, and more empathetic New York State is a long one, but every step forward we can take it worthwhile and important," Cuomo said. "These clemencies make clear the power of redemption, encourage those who have made mistakes to engage in meaningful rehabilitation, and show New Yorkers that we can work toward a better future. I thank all the volunteer attorneys representing clemency applicants for their dedication and service to justice."

The others granted clemency of one kind or another were:

Greg Mingo, 68, was convicted of four counts of second-degree Murder, first-degree Robbery, first-degree Burglary, and second-degree Criminal Possession of a Weapon. He has served 39-and-a-half years of a 50 years-to-life sentence. While incarcerated, Mr. Mingo earned his GED and a paralegal certification, enabling him to assist over a thousand other incarcerated people with their legal cases, and designed an eight-week legal research course that he taught for years at Elmira and Great Meadow. Mr. Mingo has also become a dedicated and respected peer counselor, founding programs focused on fatherhood, family relationships, and domestic violence and abuse, and has facilitated thousands of hours of counseling programs. Upon release, Mr. Mingo plans to live with family and work as a full-time counselor helping individuals struggling with addiction, anger, and domestic violence.

Robert Ehrenberg, 62, was convicted of two counts of second-degree Murder, and one count of first-degree Robbery and first-degree Burglary. He has served 28-and-a-half years of a 50 year-to-life sentence. While incarcerated, Mr. Ehrenberg has earned as Associate's degree from SUNY Sullivan, and a Bachelor of Science degree from St. Thomas Aquinas College, graduating as valedictorian of his class for both degrees. Mr. Ehrenberg has worked as a tutor through the Hudson Link College Program, and in this role designed and taught a 16-week pre-college Basic Algebra course. Mr. Ehrenberg has also been a leader within charitable groups that raise funds for causes like academic scholarships, childhood cancer research, and animal rescue and sanctuary efforts. Upon release, Mr. Ehrenberg plans to continue his education and volunteer work.

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. He has served 35 years of a 50 years-to-life sentence. While incarcerated, Mr. Boyd has served as a clerk for the facility branch of the NAACP, and as a DOCCS transitional services coordinator for over a decade. Upon release, Mr. Boyd will be reunited with his wife.

Paul Clark, 59, 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. He has served 40 years of an aggregate 58 years and 4 months-to-life sentence. While incarcerated, Mr. Clark earned a GED degree, an Associate's degree, and a variety of vocational certificates. Upon release, Mr. Clark will be reunited with his wife.

Lawrence Penn, 51, pled guilty to first-degree Falsifying Business Records in 2015, and was incarcerated for two years. A West Point graduate and a veteran, Mr. Penn continues to be active in his community, and a full pardon will allow him to fully re-engage in a meaningful way with society.