During his final hours in office on Monday, New York Gov. Andrew Cuomo commuted the 75-years-to-life prison sentence of San Francisco District Attorney Chesa Boudin's father for his role in a fatal 1981 robbery of an armored truck.
Cuomo granted clemency to David Gilbert and five others on Monday, his last day in office ahead of his official resignation. Cuomo said on Aug. 10 he would resign rather than face impeachment after the state Attorney General's investigation concluded the outgoing governor sexually harassed at least 11 women while in office.
"I am overcome with emotion," Boudin, who is 41, said in a statement to KCBS Radio. "On the eve of my first child’s birth, my father, David Gilbert, has been granted clemency. He served 40 years in prison – nearly my entire life. I am so grateful for this moment and am reminded of the many other families praying for their loved ones' return."
Gilbert, 76, was convicted on three counts of second-degree murder in 1983, along with four counts of first-degree robbery. His case will now be referred to the New York State Board of Parole.
Kathy Boudin, Chesa's mother, and Gilbert participated in an attempted robbery of a Brink's armored truck alongside members of the Black Liberation Army in a New York City suburb on Oct. 20, 1981. Boudin and Gilbert were members of the Weather Underground, a militant leftist organization.
Peter Paige, a Brink's security guard, was shot and killed by other members of the group, as were Nyack police officers Edward O'Grady and Waverly Brown. Nyack Det. Artie Keenan and Brink's guard Joseph Trombino were injured.
"My heart is bursting, and it also aches for the families of the three victims," Chesa Boudin continued in his statement. "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; I know they can never get their loved ones back."
Both Gilbert and Kathy Boudin served as getaway drivers in the deadly heist. Although neither was armed, the pair was convicted under New York's felony murder law. All participants in a felony leading to a death can be tried for murder under the statute.
Boudin pleaded guilty to felony murder and robbery charges, receiving a 20-years-to-life sentence. She was granted parole on her third attempt in 2003, when Chesa Boudin was 23 years old.
Gilbert "made significant contributions to AIDS education and prevention programs" while in prison, according to the governor's office, and he also worked in a number of other roles for programs at Shawangunk Correctional Facility. Had his sentence not been commuted, Gilbert would’ve been eligible for parole in 2056, when he would be 111 years old.
"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 (is) worthwhile and important," Cuomo said in a statement.
Boudin has said growing up with both of his parents incarcerated ultimately influenced his work within the San Francisco Public Defender's Office and, eventually, his approach as District Attorney.
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