Notorious gang member who murdered NYPD cop in the 1980s could be released from prison early

NEW YORK CITY, NY - A gang member who murdered New York Police Department (NYPD) Officer Edward Byrne as he sat in his patrol car guarding the South Jamaica home of a witness who was planning to testify against druglord Howard "Pappy" Mason, could become the 44th convicted cop killer released from prison early when he faces the parole board later this month.

According to the New York Post, Byrne was murdered in Queens in 1988 by David McClary on the orders of a drug kingpin. The violent incident happened when the city was in the thick of the crack epidemic of the 1980s and became a national symbol of the era's lawlessness. 

Byrne was just 22-years-old and on the force for a month when he was ambushed by McClary and three accomplices on February 26, 1988. McClary snuck up on Byrne as he sat alone in a marked patrol vehicle. McClary shot Byrne five times in the head. Byrne's killing was so impactful that then-President Ronald Reagan called his family to offer condolences and later, President George H.W. Bush brought the officer's badge with him to the Oval Office. There, he kept it on his desk.

Mason, 65, was the one who ordered Byrne's murder from jail. He was sentenced to life in prison for drug-racketeering charges that included Byrne's murder. He is currently being held at Devens, a federal prison in Ayers, Massachusetts. All three accomplices were convicted of murder.

The getaway driver, Scott Cobb, was paroled in 2023. Two other men, Todd Scott and Phillip Copeland, are still in prison. McClary, who is now 59-years-old, has served 36 years of a maximum life sentence. He comes up for parole on an unknown date later in April, which would be his eighth hearing so far. 

Speaking out for the first time in decades, the Byrne family expressed their anger and frustration. Kenneth Byrne, Edward's brother, said, "This was someone who was clearly the most culpable and dangerous out of the group, but to this day he still denies any knowledge of what was going to happen that night. Even though it was very clear that they all sat around the table and planned this and drew straws on who was going to execute my brother."

Kenneth, who is a lawyer, added, "This was an absolutely shocking crime, executing a uniformed police officer in a marked car protecting a witness who was being tortured by this drug gang." The witness' home was also firebombed. Kenneth said, "He should not be released. I don't care what alleged accomplishments he has in prison."

Kenneth is preparing a victim impact statement he will be sending to the parole board as they make the decision to release McClary or not. Former Governor Andrew Cuomo appointed 12 of the state parole board's current 16 members. 

The board has released 43 cop killers since 2017, after Cuomo reshaped how the board decides whether to grant parole. The new guidelines require the board to consider the inmate's "progress" while incarcerated as well as their risk to society, with such factors outweighing the egregiousness of the original crime. The board also considers age and many of the paroled inmates have been 60 or older. 

Todd Shapiro, a spokesman for Mayor Eric Adams, said that "as a former NYPD officer who has personally experienced the profound loss of colleagues in the line of duty ... Adams urges the parole board to deny David McClary's release." He added, "We must uphold the principle that the murder of a police officer is an intolerable offense, warranting the full measure of justice. Our commitment to the safety and respect of our law enforcement community necessitates unwavering support and the assurance that such sacrifices are forgotten."

Police Benevolent Association President Patrick Hendry is asking New Yorkers to go to the union's website and sign a petition "to keep this cop killer behind bars." He said, "After Eddie was assassinated, cops and New Yorkers banded together to send a message that vicious drug dealers do not rule our streets. We cannot let the parole board erase that message."