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Andrew Cuomo uses final hours as NY guv to commute sentences of 5 murder convicts

'These individuals have shown remorse, rehabilitation and commitment,' said Gov in final act before stepping down over sexual harassment claims

New York Governor Andrew Cuomo's tumultuous final months in office finally came to an end on August 23, 2021. Before he stepped down though, Cuomo used the power of his office to grant commutations, a standard practice for outgoing Governors. Just like his time in office though, who he granted commutations to has also become quite a controversial manner. Of the five people Cuomo commuted sentences for, all five were accused of murder.

The controversial commutations stand in contrast to those granted by Donald Trump, during his tenure as President. Kim Kardashian successfully lobbied Trump to commute the sentence of Alice Marie Johnson and Chris Young. Johnson was behind bars for over two decades for a nonviolent drug offense and dubbed Kim a "warrior angel" for taking up her case. However, in his final days, Trump made headlines for handing out pardons to more controversial names, such as Philip Esformes, who was convicted of fraud. 

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The controversial names aside, social media also seemed disappointed that Cuomo only granted five commutations, with many saying it "wasn't enough". He also pardoned one person, who plead guilty to falsifying business records. It's unclear why exactly Cuomo chose these six when he would have no doubt received a lot more requests. The commutations will see only one of the five still remain incarcerated, while the others will be allowed to walk free. 

Sentences commuted

The first person to have their sentence commuted was 76-year-old David Gilbert. He was convicted of three counts of second-degree murder in 1983, and sentenced to 75 years to life in prison. Reportedly, Gilbert used his time in prison to spread AIDS awareness and worked in numerous capacities including as a student tutor, and paralegal assistant while incarcerated. "He will be referred to the parole board for potential release," the Governor's release said. 

The next person was 68-year-old Greg Mingo. He was sentenced to 50 years to life for numerous counts, including four of second-degree murder. "While incarcerated, Mingo earned his GED and paralegal certification," the press release said. Mingo also assisted over a thousand other inmates with their legal cases, and "facilitated thousands of hours of counseling programs." Once he is released, Mingo will reportedly work as a full-time counselor for those struggling with addiction, anger, and domestic violence.

The others who will be released thanks to Cuomo's commutations are Robert Ehrenburg (two counts of second-degree murder), Ulysses Boyd (one count of second-degree murder), and Paul Clark (three counts of second-degree murder). Ehrenburg and Clarke spent their time incarcerated obtaining degrees, and Boyd worked with the NAACP.

Cuomo also pardoned Lawrence Penn, a veteran who was convicted for falsifying business records in 2015. The West Point graduate will now have a clean record, allowing him to "engage with society in meaningful ways." 

Internet divided over Cuomo's decision

As news of Cuomo's commutations made their way to social media, users were divided over Cuomo's actions. "Andrew Cuomo is spending his final hours granting commutations to CONVICTED murders. He’s just trying to earn some cool points because he knows we’re sending him to prison," one person tweeted. Another said, "Not enough, by a long stretch. Hopefully Governor Hochul will do better."

Others though defended the embattled outgoing Governor. "The people who received commutations from Governor Cuomo today are in their 60s and 70s, they have already served 30 and 40 years of life sentences they should never have even received. The idea that "murderers" are being put back on the street, give me a damn break," one user tweeted.

For those unaware, a commutation is a "discount" in a sentence, i.e. it reduces the time a convict will spend in prison. A pardon removes the conviction altogether. At the state level, only Governors can grant commutations that cannot be revoked, unless it was provided on the basis of inaccurate proof. Cuomo made the announcement via Twitter, and said, "I am granting clemency to 6 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 did not provide more information on the topic.