WISE COUNTY, Va. — One week after a CBS 6 investigation brought an eyewitness account of a death inside Wallens Ridge State Prison to light, a top law enforcement official has stepped aside from the case.
The Wise County Commonwealth's Attorney's Office confirmed it will not make the charging decision in the death of 27-year-old Aubrey McKay. The case will now be handled by the Smyth County prosecutor.
Watch: Former inmate says he saw officers beat Virginia prisoner to death
Devon Jensen says he was in a cell next to McKay, who was weeks away from being released when Jensen says he began experiencing mental health issues after learning his mother had been diagnosed with cancer. Jensen said he begged for help but never received it.
Jensen says on June 4, 2025, he watched prison guards beat McKay to death — an account he detailed in a report he filed after McKay died.
"They're punching him in the side and slamming his head on the floor, dude's choking him, COs are jumping on top of the pile," Jensen said. "You got to be sick not to see something like that and not to feel some type of way about it."
In a statement to CBS 6, Wise County Commonwealth's Attorney's Office spokesperson Jessica Hood said, "The purpose of a special prosecutor is to ensure unbiased processes and fair justice throughout the legal system."
Hood explained to investigative reporter Laura French that in a "rural area [such as Wise] everybody knows everyone" and there's a good chance that people in the the prosecutor's office may know those at the prison and that could present a "conflict of interest."
The move marks a reversal from the office's position just one week ago. When CBS 6 inquired about a special prosecutor last week, Wise County Commonwealth's Attorney Brett Hall said there was no need for one.
"There is nothing in this matter that presents a conflict to warrant the need for a special prosecutor," Hall said.
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