Press Charges in the Homicide Deaths of Aubrey McKay and Michael “Lilith” (Hailey) Marcotte — and Order Independent Outside Investigations into the Deaths of William Mclean, Bobby Nicholson Jr., and Christopher Armentrout

Governor Abigail Spanberger, Commonwealth's Attorney General Jay Jones, U.S. Department of Justice, Civil Rights Division U.S. Attorney’s Office for the Western District of Virginia

Every year, people die in Virginia prisons and their families are left trying to piece together what happened from the outside. In too many cases, families report the same pattern: limited information, delayed answers, withheld records, and official accounts that do not resolve the most serious questions.This petition matters because it brings together five deaths that point to the same broader problem.

In two cases — Aubrey McKay and Michael “Lilith” Hailey (Marcotte) — the Medical Examiner ruled the deaths homicide, yet there have still been no charges. In other cases — William Mclean, Bobby Nicholson Jr., and Christopher Armentrout — families and witnesses have raised serious questions about medical neglect, use of force, withheld records, missing evidence, and institutional secrecy.

This is important because when someone dies in custody, the prison system controls almost everything: the scene, the staff reports, the surveillance footage, the medical records, the family notification, and often the first public story. If there is no outside accountability, the same system that may have failed that prisoner is allowed to control the evidence and explain the death on its own terms.
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To: Governor Abigail Spanberger, Commonwealth's Attorney General Jay Jones, U.S. Department of Justice, Civil Rights Division U.S. Attorney’s Office for the Western District of Virginia
From: [Your Name]

We, the undersigned, demand immediate action from Governor Abigail Spanberger, Attorney General Jay Jones, the U.S. Department of Justice Civil Rights Division, and the U.S. Attorney’s Office for the Western District of Virginia.

Two deaths in Virginia prisons have already been ruled homicide by the Medical Examiner: Aubrey McKay, who died at Wallens Ridge State Prison, and Michael “Lilith” Hailey, a transgender woman who died at Red Onion State Prison. Yet the people responsible have not been brought to justice.

In Aubrey McKay’s case, the public petition states that the Medical Examiner found blunt force trauma to the head, black eyes, bruising on the arms and ankles from shackles, and a fractured Adam’s apple, while Wise County Commonwealth’s Attorney M. Brett Hall has declined to press charges - Hall is a common surname in prisons across the Western Region, raising concerns of familial ties impeding the administration of justice. That same petition places Aubrey’s death in the context of staff retaliation and abuse at Wallens Ridge.

In Michael “Lilith” Hailey’s case, incarcerated witness accounts describe a lethal sequence of escalating force at Red Onion against a non-resistant Lilith: less-lethal munitions, pepper spray, a taser, and compressive restraint, including an eyewitness allegation that Unit Manager Larry Collins sat on Hailey’s chest. A second confidential witness then described Lilith's prolonged distress in the medical unit, repeated pleading statements that something was too tight and that she could not breathe, repeated requests for water, callous refusal of help, AED shocks, and death.
We are demanding immediate state action.

First, Virginia authorities must move forward with state criminal charges against the guards and staff responsible for the homicide deaths of Aubrey McKay and Michael “Lilith” Hailey.

Second, Virginia must order independent outside investigations into the deaths of William Turquia Mclean, Bobby Maurice Nicholson Jr., and Christopher Armentrout.

In William Mclean’s case, family and witness accounts raise serious questions of medical neglect, delayed emergency response, possible overdose misidentification, and evidence destruction. Report indicate that William’s autopsy was said to classify the death as natural while attributing the fatal clotting to “lack of mobility,” even as his mother reports no known major prior illness, no overdose ruling, Narcan in his system, two non-prescribed drugs, and repeated pre-death pleas for medical care that were allegedly dismissed as “just gas.” Witness accounts further describe a seizure-like collapse immediately after eating VADOC food (raising concerns of food tampering), a delay in meaningful staff response, removal in a wheelchair, and destruction or withholding of property and papers after his death.

In Bobby Nicholson Jr.’s case, the public record shows years of repeated complaints about danger, retaliation, untreated physical symptoms, bleeding, and efforts to be heard through grievances, medical requests, and federal lawsuits. His aunt, Rosemarie, wrote that she had helped him through his struggles against VADOC, through the bleeding from his body and suspicions of cancer, and that she had sent letters to state senators on his behalf over the years “all to no avail.” After his death, she also confirmed that the family requested preservation of video footage by certified letter to the warden and never got so much as a response.

This pattern does not stop with these four deaths. In September 2025, Christopher Armentrout died at Greensville Correctional Center, and his family says they were given almost no meaningful explanation beyond being told he was found dead in his cell at 4:18 a.m. When his stepmother, Amanda Armentrout, tried to get answers, she filed a FOIA request for mental health records, officer logs, and video surveillance. VADOC then acknowledged it had 256 pages responsive to her request but said it was “exercising its discretion” not to release them. Amanda publicly responded: “What are you covering up? What are you hiding behind?” In the same reporting, she said Christopher’s final letter described restorative housing, guards beating inmates, and handcuffs so tight his hands would turn blue - raising concerns that his death might be related to his speaking out against abuse.

Virginia cannot claim transparency while families are left with homicide rulings without charges, medically suspicious deaths without outside investigation, witness accounts of force and neglect, and unanswered questions about video, medical care, restraint practices, toxicology, property destruction, and evidence preservation.

We demand:

- Immediate state criminal charges against the guards and staff responsible for the homicide deaths of Aubrey McKay and Michael “Lilith” Hailey.
- Appointment of independent outside investigators or special prosecutors for the deaths of William Mclean, Bobby Nicholson Jr., and Christopher Armentrout.
- An independent outside review of all deaths in VADOC high-security custody over the past five years, including deaths at Red Onion, Wallens Ridge, River North, and Greensville, with special review of deaths classified as homicide, suicide, natural after force or restraint, or involving disputed medical neglect.
- Immediate disclosure of evidence in all named cases, including video, use-of-force files, restraint records, body-camera footage, and internal communications.
- An independent criminal investigation by Virginia State Police in each of these deaths, with presentation of evidence for warrants where supported by the facts.
- Appointment of special prosecutors wherever local Commonwealth’s Attorneys refuse to act despite homicide findings or credible evidence of medically negligent homicide.
- A federal criminal civil-rights review by the U.S. Department of Justice into all named deaths.
- A DOJ CRIPA pattern-or-practice investigation into violence, medical neglect, retaliation, dangerous conditions, and post-death opacity inside Virginia prisons.

If Virginia will not act, the federal government must.

Aubrey McKay should be alive. Michael “Lilith” Hailey should be alive. William Mclean’s family deserves the truth. Bobby Nicholson Jr.’s family deserves the truth. Christopher Armentrout’s family deserves the truth.

Press charges. Order outside investigations. Preserve the evidence. Review all deaths. Tell the truth.