MACOMB COUNTY (WWJ) – It’s a win for the Macomb County Prosecutor’s office. A judge has agreed to allow an appeal of the parole of a convicted child rapist who was scheduled to be released next week.

Prosecutor Eric Smith said the judge also agreed to keep 53-year-old Richard McBrayer in prison while the appeal is heard.

Speaking with WWJ Newsradio 950 on Thursday, Smith said if the appeal goes through, McBrayer gets back in line to apply for parole.

“He’ll probably be back up next year. And, you know, we’ll be back fighting at it next year.  When he’s sentenced to 20 to 40 years, I see no valid reason to release him after 17 and give him three years of good time credit — particularly when he still blames the victim for his actions,” Smith said.

McBrayer was convicted in 1994 of repeatedly raping his step daughter.  She was only 12 years old at the time.

Comments (2)
  1. radical rex420 says:

    You would keep a Marijuana trafficker in prison for 30 yrs or more and yet the justice system would consider letting this man GO after 17 yrs of a 20-40 yr sentence? What kind of sense does that make? Marijuana users are non violent people but they’re incarcerated at ever increasing numbers and SICKOS’ like this guy are let out to make room for them!! can you please tell me WHY!!? You want to reduce crime? leave the pot smokers alone, legalize it and go after the REAL criminals like this moron, once they’re convicted KEEP them there, it’s where THEY belong!!

  2. vigilante says:

    I think the whole metro area would feel safer for our children if you kept this guy locked up for the full 40 years. To blame a 12 year old is crazy. DO NOT LET THIS GUY OUT!

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