PORTSMOUTH, Va. — A former Portsmouth police officer is in trouble again, charged with the same crime a jury just acquitted him for in another case.
The Portsmouth's Commonwealth Attorney's Office has charged Vincent McClean with "voluntary manslaughter" for the death of a pregnant woman who died in police custody.
The 28-year-old woman, Carmeita Vangilder, died in 2018 inside the Portsmouth jail while allegedly asking for help and yelling for water.
A grand jury indicted McClean just hours after another jury found him not guilty of manslaughter in the death of 28-year-old Willie Marable.
McClean's lawyers said they are prepared to fight against a case that has remarkable similarities.
"We got to celebrate with the family for a few minutes and then share this news that despite those allegations the first time we beat them, now we have to do it again," said Nathan Chapman, one of McClean's attorneys. "We are more fired up for this one than the last one, I promise you that."
In both cases against McClean, the issue is centered on whether or not he provided necessary medical aid to those in police custody.
A jury found McClean not guilty of manslaughter on Thursday after prosecutors argued that McClean's inaction to provide CPR cost Willie Marable his life. McClean's defense provided witness testimony that concluded that CPR would most likely have not saved Marable's life.
In Vangilder's case, her family's attorney filed a wrongful death lawsuit in 2019 against the City of Portsmouth. They allege that Vangilder could have survived if then-Officer McClean and another responding officer had brought her directly to the hospital than to jail after Vangilder reportedly said she did not feel well.
McClean's attorneys believe their client reacted appropriately in each case.
"Just like the first case it is clear that Mr. McClean called for EMS, so the fact that he called again in this second case does not surprise me," said Michael Massie, McClean's attorney.
However, the Vangilder family's attorney filed court documents that said McClean did not call for EMS in time, and that Vangilder died because of their lack of urgency.
The City of Portsmouth ultimately settled with Vangilder's family, paying them $550,000.
McClean's attorneys said they will be standing by their client's side and will be filing their documents of discovery on Tuesday.