By Laurence Hammack
The Roanoke Times, Va.
ROANOKE, Va. — A former correctional officer was sentenced to 12 months in prison Thursday for striking an inmate in the head more than 40 times in what his supervisor called a “disgusting” use of excessive force at Wallens Ridge State Prison.
David McMurry held handcuffs in his fist — essentially using them as brass knuckles — to deliver the blows to a mentally ill inmate who was being held down by other officers at the time, court records show.
U.S. District Judge Thomas Cullen imposed the sentence at a hearing in Abingdon’s federal court.
Although claims of excessive force at the maximum-security prison in Big Stone Gap are common, usually made by inmates representing themselves in civil cases, it is unusual for criminal charges to be filed against a prison guard.
McMurrry — who according to prosecutors once said he loved using force against inmates — told investigators after viewing a video of his actions: “You’re telling me I could go to jail for that?”
“It is imperative that the Court answer that query with a resounding yes,” Assistant U.S. Attorney Danielle Stone wrote in a sentencing memorandum that asked Cullen to impose the maximum sentence of 12 months.
McMurry had initially been charged with a felony, depriving an inmate of their constitutional right to be free from cruel and unusual punishment under the color of law, that carried a maximum sentence of 10 years in prison. Sentencing guidelines called for a range of 51 to 63 months.
But a plea agreement reduced the charge to a misdemeanor.
The incident at the prison near the Kentucky border happened June 18, 2022, as a team of correctional officers were attempting to extract an unruly inmate from his cell after he threatened them with a piece of plastic that had been hand-crafted into a knife, better known as a shank.
Attorneys for McMurry, 52, said that he resigned after realizing the magnitude of his actions, which he now admits were an abuse of his authority and a severe lapse in judgment.
However, he had a valid fear of harm during “a dangerous, highly emotionally charged and chaotic situation … in a cell extraction of an uncooperative and aggressive mentally ill inmate armed with a seven-inch shank,” his attorney, Assistant Federal Public Defender Nancy Dickenson-Vicars, wrote in court records.
Despite being struck in the head about 45 times in less than one minute, the inmate, identified in court records only by the initials D.B., was not injured to the point that he required hospitalization.
McMurry falsely described his use of force as a “stunning technique” during an investigation by prison officials, prosecutors said.
Body camera footage showed a scene in which a team of correctional officers, accompanied by one of the attack dogs regularly used at the prison, entered D.B.’s cell after six bursts of pepper spray though a meal tray slot on the door failed to subdue him.
D.B. had earlier refused to surrender his weapon and threatened to kill anyone who came into his cell, according to court records filed by the defense.
During a scuffle that followed, the inmate attempted to stab the dog, which apparently was the reason for what happened next. After climbing onto a prison bed, where D.B. was being held down by other officers, McMurry began to strike him in the head while exclaiming: “That’s how the dog felt, mother------.”
It is against Virginia Department of Corrections policy to use dogs during cell extractions, which contributed to “a dangerous situation for all involved,” Dickenson-Vicars argued.
Nonetheless, all of the correctional officers involved in the incident were quoted in court documents describing their partner’s actions as disgusting, stupid and unprofessional.
As part of the plea agreement, McMurry agreed to never work in corrections or law enforcement again. He was allowed to remain free on bond Thursday until ordered to report to prison.
Dickenson-Vicars asked Cullen to place her client on probation, saying that any correctional officer who winds up on the wrong side of prison bars would face well-documented safety hazards from other inmates.
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