KENOSHA — A Kenosha man is fighting to keep his own brother behind bars more than four decades after Robert McRoberts brutally killed three people, including his grandmother.
Department of Corrections records show McRoberts is now eligible for early release, and a decision is imminent.
"You have a person who happens to be my brother who shredded three human beings. And he's going to walk free? There's just something inherently wrong with that," David McRoberts said.
For decades, David McRoberts always thought his brother would spend the rest of his life behind bars as his family continues to grieve who he killed.
"The one thing that was going to be constant was OK, we've lost so much, and we continue to have heartache and suffering, but at least he's not getting out of jail to victimize anyone else. And now that's not the case," David McRoberts said.
David McRoberts says the Department of Corrections sent him a letter last month saying his brother Robert "is eligible for parole." Another letter says "You will also be notified prior to this offender's release," with a decision from the state's parole commission expected in April.
"The first thing that went through my mind is based on what? This is a man who is dangerous," David McRoberts said.
TMJ4 file video from January 1981 takes us back to the gruesome scene where David was the first to respond.
"The backdoor to her kitchen was standing wide open," David McRoberts said.
Court records show Robert killed his grandmother, Alice, and the two disabled veterans in her care with a 9-inch knife, all because she wouldn't give him money.
"The last 30 seconds of my grandmother's life must have been an absolute horrific nightmare," David McRoberts said. "He does not need to be released."
Robert was found guilty and given three consecutive life sentences.
So, how is parole possible 44 years later? Criminal defense attorney Jonathan LaVoy says it's due to state laws that were in effect when the crimes occurred.
"The law was very different before the year 2000," LaVoy said.
That's when the state abolished parole, forcing convicted criminals to serve every day of their sentence.
Before 2000, prisoners would qualify for early release based on a formula.
McRoberts had to serve 13 years and four months for each victim, totaling 40 years before becoming eligible for parole.
When asked if he would be surprised if McRoberts were to be released, LaVoy said, "TMJ4 would be surprised. However, we understand that people do make changes, and there are circumstances where people can show that they've made appropriate strides in their life to be considered for release."
LaVoy says just because someone is being considered for parole doesn't mean they'll get it. He says impact statements from victims and their families are taken into account by the parole commission.
"Who speaks for the people who are dead? Does anyone have a voice for my grandma, Nana? The Korean War veterans who went to war came back, only to be butchered in their bedrooms in a place that was seemingly safe for them. Who speaks for them?" David McRoberts said.
TMJ4 reached out to the Department of Corrections and the state's parole commission for comment about their upcoming decision on McRoberts. TMJ4 has yet to hear back despite providing several days' notice. TMJ4 also reached out to McRoberts and is still waiting for a response.
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