PORTSMOUTH — On the same day he was acquitted of charges accusing him of causing a robbery suspect’s death, a former Portsmouth police officer was indicted on new allegations.
The news of the latest grand jury indictment filed Thursday against retired officer Vincent McClean came shortly after he was acquitted of manslaughter charges in Portsmouth Circuit Court. It took a jury just 14 minutes Thursday to decide he wasn’t responsible for the 2018 death of Willie Marable III.
McClean, 56, smiled and hugged his attorneys after the verdict was read, while Marable’s mother solemnly walked out of the courtroom.
“I’m just glad it’s over,” McClean told reporters as he stood outside Portsmouth Circuit Court with defense attorneys Michael Massie, Nathan Chapman and Don Scott.
Shortly after that, the attorneys heard another indictment had been issued, but they hadn’t yet received information about it Thursday. Tamara Shewmake, a spokesperson for the Portsmouth Commonwealth’s Attorney’s Office, confirmed McClean has been indicted again, but declined to say what the charges were or provide any other details about the case.
WVEC-TV reported the new charge was for voluntary manslaughter, the same count McClean had faced at trial this week. The station also reported the charges were related to the death of Carmeita VanGilder, a 28-year-old pregnant woman who died while in police custody.
According to a 2020 lawsuit filed by VanGilder’s parents, she was arrested in December 2018 on outstanding warrants. VanGilder had several aerosol cans in her purse, indicating she was involved in the dangerous practice of huffing inhalants, the lawsuit said. She threw up in the police car and at the station, told the officers she was pregnant, and begged for help but wasn’t given any until another inmate intervened on her behalf, the suit claimed. She became unresponsive and went into cardiac arrest.
The lawsuit was filed against several officers, but only identified one and referred to the rest as John and Jane Doe. McClean wasn’t named in the filing.
It wasn’t clear Thursday if any other officers were also indicted.
In his trial that ended Thursday, prosecutors alleged McClean intentionally failed to render aid to Marable after Marable was shot by another officer and taken into custody. They also argued Marable might have survived his injuries if McClean had done more to help him.
The incident occurred May 13, 2018, at an apartment complex on Navajo Trail after police were called there for a report of an armed robbery. McClean and his partner, Officer Timothy Tanner, were the first to get to Marable after he was shot.
Body camera video of what happened next was played for the jury. While McClean kept a gun pointed at Marable, his partner handcuffed the suspect. McClean then called for an ambulance. When another officer asked McClean what they should do about the suspect’s injuries, McClean responded, “As long as he’s breathing, he’s good.”
Senior Assistant Commonwealth’s Attorney Haille Hogfeldt argued McClean had a duty to render aid to Marable while waiting for paramedics, and should have checked his injuries so he could determine if there was anything he could do to treat them. Officers are trained in first aid and keep equipment for it in their patrol cars, she said.
“Instead, he did nothing,” Hogfeldt said. “Officer McClean stole any chance that Willie Marable had of surviving.”
Marable, 28, died while being transported to the hospital. The medical examiner determined he died from a gunshot to his torso. An investigation of the incident was conducted afterward, and no charges were filed against the officer who shot him.
An expert called by the prosecution testified that if lifesaving efforts had been made sooner, Marable could have survived. But the expert conceded on cross examination that he couldn’t say for sure if performing CPR would have saved his life.
A defense expert told jurors that CPR shouldn’t be used if a person has a pulse and is breathing, which was Marable’s condition when he was taken into custody.
Massie, McClean’s lead defense attorney, argued McClean should never have been charged.
“Vincent McClean did not kill anyone,” Massie told jurors. “Vincent McClean didn’t shoot anyone that day. Vincent McClean did what he was supposed to do.”
McClean went to work at Newport News Shipyard after he left the police department but lost his job after he was indicted earlier this year. He said Thursday he hopes to get his position back.
Jane Harper, [email protected]
