Manslaughter case dismissed against retired Portsmouth police officer
PORTSMOUTH, Va. (WAVY) — A judge dismissed a voluntary manslaughter charge against retired Portsmouth police officer Vincent McClean Wednesday in the 2018 death of Carmeita “Carly” VanGilder, citing a lack of evidence.
“I’ve done this only twice in 23 years,” visiting Judge Thomas Padrick said in dismissing the case and granting a defense motion to strike the case, agreeing that the Commonwealth failed to provide sufficient evidence.
The judge referenced video that showed VanGilder in the back seat of McClean’s cruiser in December 2018. He had just arrested her on an outstanding warrant of taking dangerous drugs.
VanGilder had refused to get out of a woman’s car at the Frederick Boulevard Walmart. She drove one of the store’s riding shopping carts out onto a street, and at one point sat down in the parking lot covered with a blanket.
The case pivoted on whether McClean failed to exercise proper care by not taking her to a hospital. But the judge asked prosecutors “how would a reasonable person be alerted that’s she’s having a crisis? How would [McClean] know she was about to die?”
The medical examiner determined VanGilder died from a heart condition aggravated by huffing dangerous chemicals and recent cocaine use. She had a Walmart bag that evening with five cans of Endust compressed air.
Her mother said she was disgusted and disappointed, but not surprised by the judge’s dismissal.
“Justice was lost today,” Michelle VanGilder said. “I think [the judge] was afraid the jury was actually going to find him guilty. Judges tend to favor police officers.”
She said Carly VanGilder had been arrested dozens of times prior, but the system failed her.
“Instead of somebody really caring and saying, ‘Holy crap, 50 arrests, there’s something wrong with this young lady, let’s give her the help she needs,'” Michelle VanGilder said, “they released her and released her and released her. And then she died.”
“She had an addiction and it led to her death,” lead defense attorney Michael Massie said. “And unfortunately, it led to the death of the unborn baby as well. Addiction is something that’s real in this world, but do not pass blame on police.”
Previous Coverage: Manslaughter trial begins for retired Portsmouth police officer
When asked if he had a message for the VanGilders, McClean said “I’m sorry about what happened, but I was just doing my job.”
Dr. Johnathan Arden, an expert in forensic pathology who had leadership positions at medical examiner’s offices in Brooklyn and Washington, D.C., testified Thursday that a hospital would have been Carly VanGilder’s best bet for survival, but would not necessarily have guaranteed it.
VanGilder went into a seizure while in a holding cell in the booking area of the jail. Her cause of death was a heart malfunction, with recent cocaine use and inhaling the gas known as difluoroethane as contributing causes.
The Commonwealth alleged that McClean didn’t do enough to protect VanGilder, who was 11 weeks pregnant at the time. She died while in police custody Dec. 13, 2018.
The Commonwealth’s Attorney’s Office gave the following statement:
“Just as this office respected the grand jury’s decision to issue an indictment in this matter, this office also acknowledges the court process. Although the court did not allow the jurors to exercise their civic duty as the fact finders of this case, it must be noted that the medical attention and care of those experiencing medical emergencies in custody should be paramount.
Citizens should have a reasonable expectation of safety while in custody. This office appreciates the hard work of officers daily as public servants to ensure safety in our city but we will also never hesitate to demand accountability. Our thoughts remain with Carly VanGilder’s family.”
— Portsmouth Commonwealth’s Attorney’s Office
While the case was dismissed, it’s not exactly over. Massie said Wednesday that he plans to file civil litigation for malicious prosecution for this case and in a previous manslaughter case where McClean was found not guilty.
“We’re going to file multimillion dollar lawsuits on his and his family’s behalf on each of these cases, because there was absolutely not probable cause,” Massie said.
Virginia Speaker of the House Del. Don Scott was one of three defense attorneys, along with Massie and Nathan Chapman. Scott said the prosecution of McClean was “really sad for the city. And I think we have an opportunity to exercise some better judgment. Here in the city of Portsmouth, we’re experiencing a lot of violent crime. We should be dealing with those serious crimes.”
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