Who Did Andrew Cuomo Grant Clemency To? Full List as New York Governor Departs

A radical who was part of the deadly 1981 Brink's truck robbery is among six people who Andrew Cuomo granted clemency to in his final moments as governor of New York.

Cuomo, who left office at 11:59 p.m. on Monday after being accused of sexual misconduct, handed out four sentence commutations for convicted murderers and one pardon for a man who admitted falsifying business records in the final few hours in office.

Cuomo also made a parole board referral for 76-year-old David Gilbert, a member of the Weather Underground militant group who was convicted of three counts of second-degree murder and four counts of first-degree robbery for his role in the $1.6 million Brink's armored car robbery which left Nyack policemen, Sgt. Edward O'Grady and Officer Waverly Brown, and Brink's guard Peter Paige dead.

"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," Cuomo said in a statement. "I thank all the volunteer attorneys representing clemency applicants for their dedication and service to justice."

In a statement to Newsweek following the announcement, Jose Saldana, director the Release Aging People in Prison Campaign (RAPP) said the group was "overwhelmed with happiness for the five incarcerated people granted clemency."

"While our heart breaks for those who did not receive good news today, we double down on our commitment to keep fighting for their freedom," Saldana said.

"Despite what happened tonight, the fact remains that incoming Governor Kathy Hochul will inherit an indefensibly racist and brutal prison system and we are hopeful that she will lead our state toward a more humane system of justice for marginalized New Yorkers by using her clemency powers and championing parole reform."

Who Are the Six People Andrew Cuomo Granted Clemency to As He Left Office?

David Gilbert

The 76-year-old, who was an unarmed getaway driver in the 1981 robbery, has served 40 years of a 75-years-to-life sentence over the robbery.

Gilbert, the father of San Francisco District Attorney Chesa Boudin, was convicted of second degree murder despite not being directly responsible for any of the killings during the robbery.

Cuomo said that while in prison, Gilbert has made "significant contributions to AIDS education and prevention programs," as well as working as a student tutor, law library clerk, paralegal assistant, a teacher's aide, and an aide for various additional facility programs.

In a tweet following the announcement, Boudin—who has long campaigned for the release of his father—wrote: "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. My heart breaks for the families that can never get their loved ones back."

In a statement to The New York Times, Ed Day, the Rockland County executive, hit out at Cuomo for offering clemency for Gilbert.

"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," Day said.

"Andrew Cuomo continues to focus on the well-being of murderers rather than the victims of these horrible offenses."

Greg Mingo

Mingo was convicted of four counts of second-degree murder, first-degree robbery, first-degree burglary, and second-degree criminal possession of a weapon in connection to a double murder which took in the Queen's area of New York in 1980.

His family have long maintained the 68-year-old is innocent, with campaigners stating that a defense attorney never called on alibi witnesses during his trial.

Mingo said he was out of state at the time the killings occurred, with no DNA evidence linking him to the scene of the crime.

Mingo has since earned his GED and a paralegal certification, which has enabled him to assist over a thousand other incarcerated people with their legal cases. He has also designed an eight-week legal research course that he taught for years at Elmira and Great Meadow.

"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," Cuomo said in a statement.

Robert Ehrenberg

The 62-year-old was convicted of two counts of second-degree murder, and one count of first-degree robbery and first-degree burglary after killing a local jeweler when he was 33.

While serving 28-and-a-half years of a 50 year-to-life sentence, Ehrenberg earned an 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.

Ehrenberg also worked as a tutor through the Hudson Link College Program, and has helped raise charitable donations for causes such as academic scholarships, childhood cancer research, as well as animal rescue and sanctuary efforts.

Ulysses Boyd

Boyd, 66, was convicted of one count of second-degree murder, and of two counts of second-degree criminal possession of a weapon in connection to the killing of Harold Bates in a drug deal-related altercation in a basement in Harlem in 1986.

During the incident, Bates was shot dead although Boyd was not the gunman.

Paul Clark

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 in connection to the of killing cab driver Oswen Fraser in Brooklyn in 1980.

The New York Daily News reported in 2017 that Clark sought a retrial for the crime which he denied committing after it was revealed he was arrested by disgraced NYPD "Mafia Cop" Stephen Caracappa.

Clark has served 40 years of an aggregate 58 years and four months-to-life sentence.

Lawrence Penn

The 51-year-old has been pardoned by Cuomo after he pled guilty to first-degree falsifying business records in 2015, and jailed for two years.

"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," Cuomo said.

 Andrew Cuomo clemency
Andrew Cuomo speaks at Rochdale Village Community Center in Queens on April 5, 2021 in New York City. Getty Images/Brendan McDermid-Pool