ABINGDON, Va. — A federal jury found five former Virginia corrections officers not liable in the death of Charles Givens, an inmate with medical and mental health challenges who died in his cell at Marion Correctional Treatment Center in February 2022.
The verdict was delivered April 10 in Abingdon, Virginia, concluding an eight-day civil trial in which attorneys for Givens’ sister, Kymberly Hobbs, sought $15 million in damages, NPR reports. Hobbs alleged the officers beat Givens, resulting in internal injuries that led to his death. The defense maintained that Givens suffered a seizure and fell, causing the fatal injuries.
The jury deliberated for just over three hours before reaching its decision.
The five defendants — Anthony Raymond Kelly, Gregory Scott Plummer, Joshua Jackson, William Zachary Montgomery and Samuel Dale Osborne — either resigned or retired before the Virginia Department of Corrections concluded its internal investigation, according to NPR.
The case stemmed from a civil lawsuit filed in 2023. According to NPR, testimony during the trial included allegations that several officers used force against Givens in a shower area, while one officer stood by and did not intervene. The defense denied the allegations and pointed to medical records and surveillance footage to support their account that Givens’ injuries were caused by a seizure-related fall.
A key witness in the trial was a fellow inmate, Ron West, who claimed to have seen the alleged incident. Attorneys for the former officers challenged West’s credibility, noting discrepancies between his testimony and earlier statements. Tim McAfee, who represented four of the defendants, told NPR the trial centered around whether the jury believed West’s account. “The answer to that was resounding — no,” he said.
Defense attorneys also questioned the timeline of updated autopsy findings, noting that the cause of death was initially listed as blunt force trauma, but not ruled a homicide until later. The plaintiffs’ attorneys stood by the updated autopsy, which was issued by Assistant Chief Medical Examiner Eli Goodman.
A grand jury had previously declined to bring criminal charges against the officers.
Following media attention and scrutiny after Givens’ death, the Virginia DOC made several changes at Marion, including the installation of a camera in the shower room. The agency told NPR it “has not hidden the truth from anyone in this case” and reaffirmed its commitment to transparency and public safety.
"[The] verdict confirms what the VADOC has long known: Our best-in-class agency is committed to its mission of ensuring public safety by providing effective incarceration, supervision, and evidence-based re-entry services,” VADOC Director Chadwick Dotson said in a statement.
Montgomery, one of the former officers, expressed relief after the verdict.
“Glad this three-year nightmare is over,” he told NPR. “Now I can go back to work and get on with my life.”
The FBI confirmed to NPR that it launched an investigation into Givens’ death but declined to comment further.
The plaintiff’s attorneys indicated they do not plan to appeal the decision.
