Governor orders Attorney General to investigate inmate death at Virginia supermax prison

RICHMOND, Va. — The Virginia Attorney General's office will now investigate the death of an inmate allegedly beaten to death at a Southwest Virginia supermax prison and will handle any criminal prosecutions that arise from the case.

Aubrey McKay died June 4, 2025, at Wallens Ridge State Prison. His death was ruled a homicide.

According to a court motion, on Feb. 17, Virginia Gov. Abigail Spanberger directed the Office of the Attorney General to "investigate and conduct any appropriate criminal proceedings relating to the circumstances surrounding the events associated with the above matter," referring to the McKay case.

The motion states that the Smyth County Commonwealth's Attorney recused himself from the case, along with Wise County/City of Norton, and that three senior assistant attorneys general will "investigate and prosecute" and handle "any and all charges growing out of the above-styled cases," again referring to the McKay case.

The Wise County Commonwealth's Attorney's Office told CBS 6 last week that Smyth County was appointed special prosecutor in the case — a week after a CBS 6 investigation.

That is no longer the case.

When I asked Wise County Commonwealth's Attorney Brett Hall if a special prosecutor was needed in this case he said, "The potential appointment of a special prosecutor is considered in every case. There is nothing in this matter that presents a conflict to warrant the need for a special prosecutor,” he added.

A spokesperson for the Office of the Attorney General said in a statement:

"The circumstances around the death of Aubrey McKay are of a very serious and troubling nature. Governor Spanberger has requested that the Office of the Attorney General conduct an investigation and initiate any criminal prosecutions that arise. This office will continue its thorough, complete, and timely investigation into these consequential matters."

WATCH: Former inmate says he saw officers beat Virginia prisoner to death

Former inmate Devon Jensen, who was housed in a cell next to McKay, previously spoke with CBS 6 about what he witnessed.

McKay was weeks away from being released when Jensen says he was having mental health issues after learning his mother was diagnosed with cancer.

Jensen says McKay begged for help but never received it.

Jensen says he watched prison guards beat McKay to death, as he documented in a report he filed after McKay died.

"They grabbed him by his hair, his dreads, and they were pulling his dreads back and they had him by his handcuffs," Jensen said. "When they got him back over the tier on the floor, one of the COs wrapped him up in the headlock and jumped on his back, so now he's on the floor with his hands behind his back like a man on his back in a headlock, and then there's the rest of the COs are hitting him and slamming his head on the floor. COs kept jumping on top and I'm assuming put more pressure on his neck and that would be why his wind pipe."

Sources with the Virginia Department of Corrections say one officer involved in the McKay case was terminated earlier this year, but no one has been charged.

This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.