Macomb County Prosecutor appeals parole board decision to release child rapist


Macomb County Prosecutor Eric Smith is appealing a parole board decision to release a man convicted of raping a 12-year-old girl more than 20 years ago.

UPDATEMacomb County court reverses parole board's decision to release child rapist

Richard McBrayer, who was convicted in 1994 of two counts of First Degree Criminal Sexual Conduct, was scheduled for release on parole last Tuesday after serving 22 years of his 20-to-40 year sentence in state prison.

Smith filed an emergency motion to stay the parole board’s decision. Smith’s motion was granted by Macomb County Circuit Court Judge Carl Marlinga last Monday, July 23, 2018, the day before the scheduled parole release. 

“I stand in strong opposition of this parole. Releasing this rapist would be a miscarriage of justice, as the victim continues to suffer from these crimes committed against her,” said Smith.

McBrayer, now 60, was 36 years old when he pled guilty to sexually assaulting the young girl numerous times over the course of two years. The child was between the ages of 12 and 14 during the attacks.

At his sentencing, former Judge Mary A. Chrzanowski told McBrayer that he was, “the most disgusting individual that has ever stood,” before her.

In recounting one of McBrayer’s sexual acts, Judge Chrzanowski stated, “I didn’t sleep after I read this letter [from the victim]...You took her to a motel room, you abused her in a hot tub, you made her drink alcohol, you held her underneath the water in the hot tub, pulled out a sucker and proceeded to stick the sucker into her vagina. If within the bounds of law I could give you more time, I would.”

Judge Marlinga could hear arguments by Smith and the parole board, whether or not to reverse the parole decision, in the next month or two. 

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