Former New York Gov. Andrew Cuomo (D) on Monday commuted the sentence of a former member of the Weather Underground militant group who was behind the robbery of Brink’s armored truck in 1981.
Cuomo’s pardon of 76-year-old David Gilbert came hours before the former governor officially left office.
Gilbert was convicted of the robbery in Nyack, N.Y., that left two police officers and a security guard dead. He was convicted of three counts of second-degree murder and four counts of first-degree robbery and sentenced to 75 years in prison, and has served 40 years.
Cuomo said Gilbert has served time for “an incident in which he was the driver, not the murderer,” adding that Gilbert made “significant contributions to AIDS education and prevention programs while in prison.”
“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,” Cuomo said.
Gilbert’s case will now be referred to the state Parole Board for potential release.
Gilbert’s son, San Francisco District Attorney Chesa Boudin, said on Twitter that his “heart is bursting.”
Boudin, who was a child when his father was imprisoned, said Gilbert never meant harm.
“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,” Boudin said. “He never intended harm, yet his crime devastated many families. My heart breaks for the families that can never get their loved ones back.”
Boudin’s mother, Kathy Boudin, was granted parole in 2003 for her role in the murders, according to a local ABC affiliate. Another getaway driver, Judith Clark, was granted parole in 2019.
Gilbert was one of five people Cuomo granted clemency to on Monday who were convicted of murder charges. The governor also issued a pardon to Lawrence Penn, who severed two years in prison after pleading guilty to falsifying business records in 2015.