Cuomo accused of ‘disgusting betrayal’ for pardoning Brink’s truck robber as he left office

Outgoing New York governor Andrew Cuomo has sparked outrage after he pardoned six people, including a convict in a 1981 truck robbery which killed three, in his last few hours in office.

Among them is 76-year-old David Gilbert, who was imprisoned for his role in the $1.6m armed robbery and is among the last surviving convicts in the case.

The other five pardons given by Mr Cuomo include four men convicted for murder, and Lawrence Penn, a private equity manager who was held guilty for falsifying business records in connection with accusations of stealing millions of dollars from investors.

Mr Cuomo explained why he gave clemency to them in a tweet. “I am granting clemency to six 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,” he said.

Gilbert, the truck driver, was serving a life sentence for his role in the Brink’s robbery case that took place near Nyack, New York in 1981.

The septuagenarian’s case was fought by his son, San Francisco District Attorney Chesa Boudin. He was eligible for parole only after 2056.

With the clemency nod from Mr Cuomo, Gilbert will now be sent to the state parole board where his case will be considered for potential release.

Mr Boudin was quoted as saying by the Associated Press (AP) that “his heart is bursting, and it also aches for the families of the three victims.”

Republican assembly member Mike Lawler criticised the decision, calling it a “disgusting betrayal” to the people of Rockland county, where the robbery took place.

“Andrew Cuomo’s final act as governor is a disgusting betrayal to the people of Rockland County,” Mr Lawler said in a statement.

“This year will mark the 40th anniversary of the Brink’s Robbery and rather than stand with the brave men and women in law enforcement, Andrew Cuomo has once again stabbed them in the back,” the statement added.

The Brink’s robbery case was a botched heist that left a guard and two police officers dead and involved the leftist revolutionary group the Weather Underground.

Gilbert, who was unarmed and played the role of a getaway driver, was charged with robbery and murder because people were killed during the crime. He and his co-defendants said they were freedom fighters and said their trial was illegitimate.

Those who lost their lives were Sgt Edward O’Grady, Officer Waverly Brown and Peter Paige, a Brink’s guard.

Mr Boudin, who campaigned for his father’s release, was just 14 months old when Gilbert went to prison. “On the eve of my first child’s birth, my father, David Gilbert, has been granted clemency,” he said in a statement to the AP.

“Although he never used a gun or intended for anyone to get hurt, my father’s crime caused unspeakable harm and devastated the lives of many separate families. I will continue to keep those families in my heart,” he added.

Mr Cuomo also granted clemency to 10 people last week, including Jon-Adrian Velazquez, who ran an unsuccessful campaign to exonerate himself for the 1998 killing of a retired New York city police officer.