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.