A former state corrections officer was sentenced Thursday to one year in prison stemming from the 2022 assault of an inmate at Wallens Ridge State Prison in Big Stone Gap.
David McMurry, 52, pleaded guilty in June to a single misdemeanor charge of deprivation of rights under color of law. In addition to prison time, he will serve one year of supervised release.
The assault took place on June 18, 2022, when McMurry was part of a team that attempted to remove an inmate from his cell, according to court documents. Prosecutors described the inmate, identified as D.B., as low-functioning and mentally ill. Another officer on the team told a grand jury that the inmate had been avoiding his medication and was experiencing problems that day.
While attempting to remove D.B. from his cell, McMurry climbed into the inmate’s bunk and used handcuffs as makeshift brass knuckles, hitting him 45 times in half a minute. McMurry did not document the number of head strikes on his incident report, nor did he say that he used handcuffs as a weapon.
A K-9 dog was part of the team, and McMurry appeared upset that the inmate struck the dog with a plastic shank, court documents state. The assault was more about punishing the inmate for injuring the dog as opposed to protecting himself and his team members.
Court documents said members of the extraction team condemned McMurry’s behavior, calling it “disgusting,” “stupid and unprofessional” and how it “shouldn’t have happened.”
Prior to this incident, McMurry had been reprimanded twice for his behavior toward inmates. The Lee County resident had worked at Wallens Ridge for seven years.
Danielle Stone, an assistant U.S. attorney, recommended one year behind bars followed by a year of supervised release, which was the sentence handed down by U.S. District Judge Thomas Cullen.
McMurry had asked for one year of probation but no jail time. His attorney, Assistant Federal Public Defender Nancy Dickenson-Vicars, noted that her client had no prior criminal history and his “41 seconds of criminal conduct were out of character.”
His actions happened during a “violent, chaotic cell extraction” where the inmate was armed with a hard plastic shank, attempted to stab officers, threatened to kill the staff and resisted chemical spray.
“Mr. McMurry’s actions were the product of an adrenaline-fueled response during an extraordinarily dangerous situation,” according to a memo that argued in favor of probation.
State Sen. Mike Jones, D-Richmond, has been outspoken about the need for prison reform, including inmates being physically abused. He said it is relatively rare for corrections officers to face justice in such cases.
“No one wins in these situations,” he said.
In December 2024, then-delegate Jones made an unannounced visit to Red Onion State Prison, about 35 miles north of Wallens Ridge, after reports surfaced of mistreated inmates setting themselves on fire. He plans to take another tour this fall that will include Red Onion and Wallens Ridge.
Told of the sentencing hearing, he said, “I’m glad that justice has done, but I’m sorry this issue happened. It shouldn’t have happened. No one wins in these situations.”
The state must make sure that prisons are adequately staffed and that corrections officers are not overworked. “But even if you’re overworked, you’re not going to mistreat somebody,” he said.
He said Gov. Abigail Spanberger is concerned about these issues as well, and he should have more to say after his next tour.
“We have to bring reform,” he said. “Reform must happen.”
