The New York State Parole Board is once again under fire, this time for its upcoming decision on whether to release David McClary, the man convicted of the cold-blooded assassination of 22-year-old NYPD Officer Edward Byrne in 1988. McClary, who was sentenced to 25 years to life, is currently eligible for parole and is scheduled to appear before the board in the coming weeks.
The case sparked national outrage at the time. Byrne, a rookie officer just one month into the job, was shot five times in the head while sitting in his patrol car in Queens, assigned to guard a witness in a drug case. His murder, ordered by a drug gang to send a message, became a symbol of rising urban violence and an attack on the rule of law.
Now, with McClary’s parole hearing looming, New York Conservative Party Chairman Gerard Kassar is calling on the board to reject the killer’s bid for release, warning that a disturbing trend of leniency toward those who murder police officers is threatening public trust in the justice system.
“Enough is enough,” Kassar wrote in a letter to the board. “Your decisions aren’t only morally indefensible—they’re dangerous. You release so many cop killers that one has to ask: Who protects the protectors?”
According to state officials, 43 individuals convicted of murdering police officers have been granted parole since 2017, including Lee Walker, who fatally shot Officer Juan Andino in 1984, and Herman Bell, who murdered NYPD Officers Joseph Piagentini and Waverly Jones in 1971.
“If you can’t draw a line in the sand for cop murderers, you’re unfit for office,” Kassar charged. “Stop deferring to leniency politics. Start valuing the rule of law.”
Assemblyman Joseph DeStefano, a longtime advocate for law enforcement, echoed Kassar’s plea. “David McClary didn’t just take one officer’s life—he tried to intimidate an entire system of justice,” DeStefano said. “We owe it to Officer Byrne, his family, and every cop on patrol today to send the message that some crimes cross a line that can never be undone. Parole should not be an option.”
DeStefano added that he is working on a bill to exempt cop killers from mandatory parole hearings, a move that would require changes to existing state statutes.
Now in his mid-50s, McClary is incarcerated at Green Haven Correctional Facility in upstate Dutchess County. His last parole hearing in 2023 resulted in a denial, but under current New York law, he is entitled to a new hearing every two years. His upcoming hearing is expected to take place in August 2025. Victim impact statements from law enforcement organizations and the Byrne family have already been submitted.
Representatives from the Patrolmen’s Benevolent Association, the New York State Association of PBAs, and the National Association of Police Organizations have all issued statements urging the board to keep McClary behind bars.
A growing number of New Yorkers are joining the call, as social media campaigns and online petitions demand an end to what critics are calling a “revolving door” justice system for convicted cop killers. One petition opposing McClary’s release has already gathered over 100,000 signatures.
Kassar said the movement will not end with this case. “New Yorkers are watching—and they’re losing faith,” he said. “This isn’t about vengeance. It’s about public safety, accountability, and standing with the men and women who protect us.”
The Parole Board has not issued a comment on McClary’s pending hearing. A final decision is expected before the end of the summer.