PORTSMOUTH, Va. — A former Portsmouth police officer charged with voluntary manslaughter is on trial for the second time in the span of less than one year. He was acquitted in the first, separate case.
Vincent McClean faces one felony count in connection with the death of a 28-year-old woman held at Portsmouth City Jail on December 13, 2018.
McClean, a retired Portsmouth police officer, was indicted on a charge of voluntary manslaughter for the death of Carmeita "Carly" Vangilder.
Authorities initially said Vangilder died at the Portsmouth City Jail after suffering a medical emergency while in police custody.
Vangilder was pregnant, battling addiction and feeling sick, according to court documents.
JURY OF 12 + 1 ALTERNATE SEATED, PROSECUTORS BEGIN CALLING WITNESSES
Vangilder's mother tearfully took the stand to identify her daughter through a photograph.
For the most part, the Commonwealth's witnesses on Tuesday consisted of multiple law enforcement officers, who served as vehicles for the prosecution to show jurors police footage.
Members of the jury watched McClean's body-worn camera video and car surveillance, which captured the aftermath of Vangilder's arrest.
Jurors saw and heard her periodically cough, let out grunting noises, lean in the backseat with her eyes closed and ask for water at least five times.
On nearly all of those occasions, McClean was the officer who answered Vangilder, and said she would have to wait until they got Downtown because he didn't have water in the cruiser.
In between asking for water, Vangilder could be heard uttering "I don't feel good" once to McClean.
She threw up in the back of the police car. McClean said he wasn't immediately aware of Vangilder vomiting until later, according to a taped interview with Virginia State Police (VSP) special agents.
AUDIO INTERVIEW WITH STATE POLICE PLAYED FOR JURORS
VSP investigated the in-custody death of Vangilder.
In the same interview with special agents, McClean described his encounter with Vangilder at the Walmart parking lot from his perspective.
Via an audio recording, jurors heard McClean recounting taking Vangilder into custody after she was sitting in someone else's car. Officers, including McClean, asked her questions and discovered she had an outstanding warrant.
McClean noted Vangilder's coughing, requests for water and complaints of tight handcuffs. The cuffs were loosened, McClean said.
"[She had] no complaints of medical issues," according to McClean in the taped interview with VSP.
In the same interview, McClean said after Vangilder was taken Downtown, he was about to head out to the car wash. Then, he recalled getting stopped by another officer who reported Vangilder having what appeared to be a seizure.
By the time McClean arrived to the magistrate's room where Vangilder was, he said he didn't see her trembling anymore but noticed her skin tone changing and pulse getting weaker.
McClean said he called paramedics as the other officer propped up Vangilder's body. At this point, she was still breathing but not responding to questions, according to McClean.
ATTORNEYS' ROADMAP FOR ARGUMENTS
Prosecutors argue McClean did not properly take care of Vangilder while she allegedly displayed behaviors requiring police to respond.
During opening statements, prosecutor Lori Butts said, "McClean on scene while Vangilder was having a physical condition [...] The officer did not protect and serve."
Meanwhile, defense attorneys argue the evidence doesn't show an intentional killing.
During opening statements, defense attorney Michael Massie said, "this is a tragedy, an awful tragedy but this is not a tragedy he caused [...] This woman was huffing and it caused her heart to be unable to pump blood."
Last summer, 13News Now learned a grand jury indicted McClean in connection with Vangilder's case just hours after a jury found him not guilty of voluntary manslaughter in the 2018 death of Willie Marable.
In both cases, the central issue is whether McClean provided the necessary medical aid.
In July, McClean's lawyers told 13News Now they're prepared to fight against a case that has remarkable similarities.
Meanwhile, the Vangilder family's attorney previously filed court documents alleging Vangilder died because of a lack of urgency and accusing McClean of not calling for EMS in time.
Vangilder's family filed a wrongful death lawsuit in 2019 against Portsmouth. The city ultimately settled with Vangilder's family, paying them $550,000.
The defense still has to present its case. However, it is likely the jury could start deliberating and return a verdict Wednesday.
Prosecuting the case are Butts, Haille Hogfeldt and Chris Warman. Representing McClean are Massie, Nathan Chapman and Don Scott.
The presiding judge is retired from Virginia Beach, H. Thomas Padrick, Jr.