PORTSMOUTH, Va. — 13News Now is taking a deeper look into a rare court ruling in Portsmouth.
In the middle of a jury trial on Wednesday, a judge tossed out the manslaughter charge against former Portsmouth police officer Vincent McClean.
Legal analyst and attorney Ed Booth said this doesn't happen very often.
"There's a good reason that procedurally exists and can happen, but generally speaking, it's rare for a trial in front of a jury, a criminal trial, not to make it to the jury for decision," said Booth. "Effectively, the Court is ruling that the Commonwealth didn't prove their case and didn't prove it to a point that any jury could reach a valid guilty verdict based on those facts."
This was a situation where after reviewing the evidence presented by prosecutors, a judge granted the defense team's motion to strike.
"Jeopardy is attached at this point and the case would not be re-tried," Booth added.
The judge said in court he's only done this twice in 23 years, adding "I don't do that lightly."
Judge H. Thomas Padrick, Jr. found "insufficient evidence" by the prosecution to go forward on a charge of voluntary manslaughter or involuntary manslaughter against McClean.
Padrick is retired from Virginia Beach and substituted in Portsmouth to preside over McClean's trial this week.
"This was a very experienced judge who has heard thousands and thousands of criminal cases when he sat as a judge in Virginia Beach. Based on his experience and his analysis of the facts and the law, no jury should have to even make that decision because the evidence didn't even rise to a point that they could ever even get there effectively," Booth said.
McClean, who is now retired, arrested 28-year-old Carmeita "Carly" Vangilder on December 13, 2018. Vangilder was 11 weeks pregnant at the time, records show.
Forensic pathology experts who took the stand for the prosecution testified heart complications from huffing and chronic substance abuse contributed to Vangilder's death.
Police footage viewed by the jury showed Vangilder coughing, leaning back and asking for water in the back of McClean's cruiser.
Prosecutors argued McClean ignored warning signs and failed to provide basic care. Meanwhile, defense attorneys argued the former officer had nothing to do with Vangilder's death.
"I'm sorry about what happened, but as I said, I was just doing my job," McClean said when asked what message he would give to the Vangilder family.
Vangilder's mother is disappointed by the judge's ruling.
"He should have allowed it go to the jury. I think he was afraid of what would happen," said Michelle Vangilder.
A statement from the Portsmouth Commonwealth's Attorney's Office said in part, "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."
Since August, this has been at least the fourth felony case in Portsmouth dismissed by a judge because of an issue stemming from the prosecution.
When asked for an interview with Portsmouth Commonwealth's Attorney Stephanie Morales, a spokeswoman for her office told 13News Now "The statement from the office will stand."
McClean's acquittal on Wednesday is his second in the last year. In July 2023, a jury found McClean not guilty of a separate manslaughter charge in connection with the death of 28-year-old Willie Marable.
McClean's legal team plans to file two multi-million dollar civil lawsuits over "malicious prosecution."
The Fraternal Order of Police Gosport Lodge #20 also released a statement Thursday, expressing support for Judge Padrick's ruling. It stated, in part:
"Hopefully with this decision, Officer McClean can finally rest in his retirement, secure in the knowledge that he gave his best to the City of Portsmouth in the service of its citizens. ... As an organization, we hope that it has become abundantly clear that there appears to be some sort of baseless vendetta from the Commonwealth Attorney’s Office for the City of Portsmouth against Portsmouth Police Officers ... we hope that our collective focus and efforts can move past the meritless prosecution of the men and women tasked with protecting the city, and return to the successful prosecution and conviction of those that would prey on its citizens."
On Friday, the Portsmouth Office of the Commonwealth's Attorney released a statement in response to the Fraternal Order of Police:
"The Portsmouth Commonwealth's Attorney's Office prides itself on its commitment to fairness and equity for all. In the event complaints of harm against any community member are brought forward, accountability is sought, no matter who is on the other end of the complaint, including law enforcement. It is a matter of integrity that law enforcement officers are not exempt from the same legal process our community members are subject to. That said, this office has nothing but respect for all law enforcement officers who also serve fairly and equitably in discharging their duties and any statement to the contrary is unequivocally false. This office will continue to work together with our law enforcement partners in service of our community."