Politics & Government

Rockland Lawmakers Oppose Clemency For Brink’s Driver

Release after 40 years of a 75-year sentence would betray "the only justice that could ever be obtained," said the Legislature's chairman.

Every year a memorial service at 4 p.m. Oct. 20 at the site of the Brink's robbery slayings brings together survivors, family members of the victims and hundreds of local, state, regional and national law enforcement officials.
Every year a memorial service at 4 p.m. Oct. 20 at the site of the Brink's robbery slayings brings together survivors, family members of the victims and hundreds of local, state, regional and national law enforcement officials. (Patch archives)

Thirty-nine years after the Brink's robbery that took the lives of two police officers and a guard, the Rockland County Legislature has unanimously voted to oppose the release of one of the convicted terrorists.

On Tuesday, lawmakers voted 14-0 (with three members absent) to oppose the petition of David Gilbert. At 76, Gilbert is among the last surviving people still imprisoned in the 1981 Brink's armored car attack. Gilbert, an unarmed getaway driver, was charged with robbery and murder since people were killed during the crime. After conviction, he was sentenced to 75 years to life in prison.

Gilbert's advocates say he is remorseful and no threat to society. They are seeking clemency for him on the grounds that he is one of the oldest prisoners in the state system and has helped other prisoners during his four decades behind bars. SEE: Prosecutor Son Seeks Father's Release In Fatal Brink's Heist.

Find out what's happening in Nanuetfor free with the latest updates from Patch.

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The lawmakers instead pointed to Nyack Police Sgt. Edward O’Grady, Nyack Police Officer Waverly “Chipper” Brown and Brinks Guard Peter Paige, who were killed during the robbery.

“The Legislature has long supported the victims and their families, and everyone impacted by the horrific events of that terrible day,” Rockland County Legislature Chairman Alden H. Wolfe said. “The actions of this convicted felon imposed a life sentence on those left behind as they missed out on having their loved one present for all the milestones of life — birthdays, anniversaries, graduations, the birth of grandchildren. Clemency and early release would be a betrayal of the only justice that could ever be obtained for these victims."

The robbery was a joint effort between members of the Weather Underground, a militant group that grew out of the anti-Vietnam War movement, and members of the Black Liberation Army. The target was $1.8 million transported by Brink's.

Paige was killed during the attack on the armored car at the then-Nanuet Mall, now the Shops at Nanuet. Officers O’Grady and Brown were killed during the terrorists’ escape attempt, at the Mountainview Road entrance to the New York State Thruway in Nyack, where a permanent memorial is located.

Gilbert was a driver in the U-Haul van the terrorists used as part of their get-away plan. When the officers stopped the van, the back doors swung open and the robbers killed both officers, wounded another and injured a fourth. Gilbert tried to escape in another car but was caught after it crashed on Broadway in Nyack.

In 2010, Patch.com asked retired South Nyack-Grand View Police Chief Alan Colsey to reflect on the day of the robbery, when he captured part of the Brinks gang in Nyack as they were fleeing. Here are his reflections.

"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," Gilbert's son Chesa Boudin said in a recent interview. "At what point is enough enough? I don't know."

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