Macomb Co. judge halts release of sex offender
A Macomb County court has again halted the release of a man convicted of raping a girl in 1994, officials said Tuesday.
Richard McBrayer, 61, was initially scheduled to be released in July after serving 22 years of a 20-to-40-year prison sentence.
However, Macomb County Prosecutor Eric Smith appealed the state parole board's June decision. A Macomb County judge overturned the board last week, Smith said in a statement.
“I thank Judge Michael Servitto for this ruling that provides justice for the victim, who continues to suffer medical issues to this day from these hideous attacks,” Smith said Tuesday.
In his decision, Servitto said he made the ruling because McBrayer now denies having engaged in intercourse with the girl and admits that he is sexually attracted to young females.
McBrayer, a former martial arts instructor and certified police officer, was 36 when he pleaded guilty to sexually assaulting a young girl over a two-year period. The assaults began when the girl was 12, Smith said. McBrayer pleaded guilty in January 1994 to two counts of first-degree criminal sexual conduct in connection with the assaults.
Smith successfully appealed McBrayer’s parole in 2011. The state parole board decided to release McBrayer again in 2016, but a court reversed the move two years after he was released after the victim made an appeal.
McBrayer was returned to prison earlier this year, but the parole board said in April it had no proof he was a threat to society or that parole should be denied, according to Smith.
Smith said Servitto's decision on McBrayer's release could be appealed and the parole board could in the spring consider releasing him.