The notorious cop killer who ruthlessly executed NYPD Officer Eddie Byrne in 1988 epitomizes the “worst of the worst” and shouldn’t be granted parole, argued Brooklyn’s top federal prosecutor.
US Attorney for the Eastern District of New York John Durham sent New York state parole board members an impassioned letter this week urging them to deny convicted murderer David McClary’s eighth attempt at release.
“Simply put, McClary’s crime epitomizes the ‘worst of the worst,’” Durham bluntly wrote.
McClary shot Byrne five times in the head when the notorious gangbanger and three accomplices ambushed the rookie cop, 22, on Feb. 26, 1988.
Byrne, 22, was guarding a South Jamaica home of a witness preparing to testify against druglord Howard “Pappy” Mason.
Mason was already locked up when he directed McClary to carry out the slaying after he was angry about being “dissed” by the NYPD and jailed on gun possession charges, Durham said.
The witness’ home was also firebombed.
McClary is serving a 25 years-to-life sentence.
Mason and the three other accomplices also faced hefty jail sentences tied to the crime with only one getting out on parole in 2023.
Durham, in his letter to the parole board, said any arguments made by McClary for his freedom are “self-serving and hollow.”
McClary has claimed he already served 12 years more than the 25-year minimum and previously complained the parole board cared more about the severity of the crime than his alleged rehabilitation, Durham wrote.
“The purportedly mitigating claims of the mere passage of time, completion of prison programs and good behavior, which are expected of all inmates, are woefully insufficient bases to warrant parole, particularly when weighed against McClary’s conduct: the premeditated murder of a police officer, who was targeted for death as he sat alone in a police vehicle, guarding the home of a witness who had complained to the NYPD about Mason’s drug activities, which had led to the home being firebombed,” Durham wrote.
“That McClary carried out this killing for the most depraved of reasons — to avenge the righteous arrest of a lawless drug kingpin — militates strongly against granting his request for release.”
Durham further insisted that McClary, now 59, has “never demonstrated any genuine remorse” for Byrne’s slaying.
“The effects of his murder will continue will continue to reverberate well beyond that 37 years McClary has served and will extend through generations of both Officer Byrne’s family and the NYPD,” the prosecutor said.
The board has released 43 cop-killers since 2017 after former Gov. Andrew Cuomo, who is now running for mayor, changed the guidelines for release — with the backing of liberal activists — that requires members to more heavily consider an inmate’s “progress” while in custody and risk to society.
Byrne’s brother Kenneth told The Post earlier this month McClary deserves to languish in prison.
“I don’t care what alleged accomplishments he has in prison,” said Byrne.
The killer currently is at Wende Correctional Facility near Buffalo and his maximum punishment is a life sentence.
His parole hearing is not set in stone but could come sometime this month.
The parole board declined comment when reached by The Post Thursday.
Read the full article here