NYS Parole Board's 2016 Decision

 

Conditions of Release/Staff Instructions/Reasons for Denial:

After review of the record and interview, the panel has determined that if released at this time, there is a reasonable probability that you would not live and remain at liberty without again violating the law and your release would be incompatible with the welfare of society and would so deprecate the serious nature of the crime as to undermine respect for the law. The panel has considered your institutional adjustment including discipline and program participation. Required statutory factors have been considered, including your risk to society, rehabilitation efforts, and your needs for successful re-entry into the community. Your release plans have also been considered, as well as your COMPAS Risk and Needs Assessment, case plan, and sentencing minutes which are in the file. Your instant offense, murder (2 counts), involved you, acting in concert, shooting and killing two police officers. You admit to firing a weapon during the crime. You have engaged in other unlawful actions which resulted in probation and serving state time in California State prison. You are a multistate offender with offenses committed in California as well as New York. You do have a juvenile history and conviction in the Federal system. Due consideration given to your document submissions, program accomplishments, and letters of support from defense attorney and official sources and program completions. Due consideration was given to packet of National Lawyers Guild. This panel remains concerned about your history of unlawful and violent conduct, and your COMPAS Risk Assessment is “High” for history of violence. Your conduct could be viewed as an assassination of two unsuspecting police officers who were merely walking toward their car and reflects a disregard for human life. There is significant community opposition to your release. You also expressed limited remorse for the death of the two police officers who were merely doing their jobs. Accordingly, discretionary release at this time is not warranted. PAROLE IS DENIED.

Parole Commissioners Conducting the Hearing:
Edward Sharkey, Ellen Alexander, Marc Coppola