For Immediate Release
Prosecutor Smith Wins Reversal of Parole Board’d Decisions to Parole Sex Offender Prisoners Richard McBrayer and Gregory Baur
October 16, 2013
Mt. Clemens, Michigan
Macomb County Prosecutor Eric J. Smith won reversal on appeal of the Michigan Parole Board’s decision to parole sex offender Richard McBrayer. Circuit Court Judge Peter J. Maceroni issued an Opinion and Order on August 8, 2013 reversing the Parole Board’s November 2010 decision to release McBrayer who pled guilty to two Counts of first degree criminal sexual conduct in January 1994.
McBrayer, now age 56, was charged with sexually assaulting a 12 year old girl over a two year period. The acts involved repeated oral, anal, and vaginal rape, leaving the victim traumatized with severe medical problems and fearful of retaliation. The Parole Board previously denied parole to McBrayer in April 2010 finding he had shown no remorse, empathy, or insight despite the fact he had undergone sex offender therapy in prison.
However, the Board decided to parole McBrayer only a few months later without requiring any treatment or evaluation. Prosecutor Smith filed an appeal opposing the release. Judge Maceroni agreed with Smith’s arguments, finding that the Board’s reasons for release were contradictory and inconsistent. The Court further ruled that without a subsequent psychological or psychiatric evaluation, the Parole Board failed its duty to have reasonable assurance McBrayer would not again become a menace to society or public safety.
In another parole appeal involving another sex offender prisoner Gregory Baur, on August 8, 2013 the Parole Board rescinded its parole decision after Prosecutor Smith had obtained an order on July 15, 2013 from Circuit Judge Mark Switalski granting Smith’s application for leave to appeal. The Parole Board’s new decision found that Baur remained a risk to the public.
Baur, now age 45, plead guilty in December 1997 in one case to first degree criminal sexual conduct, armed robbery, and kidnapping and in another case to armed robbery. Baur was sentenced in January 1998 to 17 and ½ years to 35 years by Judge George Steeh.
Baur, a cocaine addict, was on parole and tether for armed robbery and larceny when he absconded and committed the crimes. In January 1996, Baur threatened a man in Roseville with a butcher knife, tied him up with an electrical cord, and stole his car. Two weeks later in February, Baur abducted a woman at gunpoint in St. Clair Shores at a convenience store and forced her to drive him to a crack house. Baur raped the woman twice in her car, locked her up twice in the trunk, and held a lighter to her feet. Baur stole all of her jewelry including her wedding ring.
Prosecutor Smith commented: “I will continue to protect the citizens of Macomb County from release of violent prisoners like McBrayer and Baur who if paroled clearly present a danger to our community.”