PORTSMOUTH, Va. — A former Portsmouth police officer has filed two malicious prosecution lawsuits, seeking $16 million in damages over the investigative procedures during two manslaughter cases in which he was indicted and later cleared.
The lawsuits name several defendants, including two Virginia State Police investigators, a sheriff’s deputy used by prosecutors and Portsmouth Sheriff Michael Moore. According to the complaints, each of these defendants contributed in some way to what Vincent McClean believes were wrongful indictments and wrongful incarceration.
In the last year, McClean has been the subject of two criminal matters in court, both of which centered around whether he provided appropriate medical aid in his duty as a law enforcement officer. But in the newly filed lawsuits, McClean's attorneys argue that it was the decision making from the investigators that led to McClean being wrongfully charged.
In March 2023, a grand jury indicted McClean in the death of Willie Marable, a 28-year-old who was shot by an officer with the Portsmouth Police Department in 2018. Prosecutors argued that McClean had responsibility for the man's death because he did not provide medical attention, like CPR, but he did call for an ambulance.
The jury deliberated for less than 15 minutes and came back with a "not guilty" verdict.
Then, last week, a judge threw out a separate involuntary manslaughter charge against McClean in which a woman died after she was detained by police. The judge said there was "insufficient evidence" in that case to move forward.
In both cases, McClean believes he was wrongfully accused and that he suffered emotional and financial losses because of the court process.
“The facts are very clear — he should not have been prosecuted based on the final reports of experts, their experts, not our experts," attorney Michael Massie said.
Each complaint states that investigators provided "false facts" and "omitted" facts that "would have exonerated McClean", related to medical and autopsy information in both cases.
And even though investigators had access to that information, McClean was still indicted and charged.
“If there is a charge of murder, you have to always prove that the person killed the other," Massie told 13News Now. "So, if your experts are contending in agreement that that did not happen, no intervening caused by the person’s death, how is there probable cause for the charge? That’s why we filed. Ten million for one and six million in the other.”
So, on Monday afternoon, attorneys Michael Massie and Nathan Chapman walked into Portsmouth's courthouse to file two malicious prosecution complaints. Attorney Verbena Askew is the lead attorney, according to Massie. Portsmouth attorney and House of Delegates Majority Leader Don Scott is also counsel for the plaintiff.
Portsmouth Sheriff Michael Moore told 13News Now he’s unsure why he’s named in this complaint. He said the identified “sheriff’s deputy” was an investigator through the commonwealth's attorney’s office.
“The investigator with the Commonwealth Attorney’s Office, he’s officially listed as deputy sheriff, that’s how he’s paid," Massie said. "So, we had to add Michael Moore to the suit because that’s his employer.”
Massie said prosecutors are not named in the lawsuits because they are protected under sovereign immunity under Virginia law.
An official with Virginia State Police told 13News Now they do not comment on pending litigation.