UPDATE: On Friday, Nelson County Sheriff David Hill released this statement:

I recently received calls about a letter the Sheriff's Office received on Monday, September 11, from Commonwealth Attorney Daniel Rutherford. I welcome an all-inclusive review. I'm confident that our great citizens of Nelson County will see through the smoke. I have faithfully served our citizens as Sheriff since 2016, and it's apparent that this is just another political ploy by the Commonwealth's Attorney Daniel Rutherford, as early voting starts next week. This effort is an attempt to interfere with people who want to make good decisions. I was cleared of any wrongdoing in 2022 at a great expense to the citizens of Nelson County. Now, here we are, well over a year later, they're trying to tarnish my name and career. Documents show that Commonwealth Attorney Daniel Rutherford helped financially fund my opposition's campaign. My career illustrates my dedication and sacrifices for our citizens. Our office will continue to move forward.


NELSON COUNTY, Va. (CBS19 NEWS) -- The Nelson County Sheriff is under investigation regarding statements made in an earlier investigation. It all started back in August of 2021 when Sheriff David Hill was involved in breaking up a fight at the high school.

There were concerns that Hill was too physical with one of the students. He was not charged in connection with the fight, but two years later, the Commonwealth's Attorney is conducting a Brady investigation into statements the sheriff made in the initial investigation into the school fight.

Virginia law requires prosecutors to turn over exculpatory evidence or information that could help the defendant and their legal team.

Right now, prosecutors are trying to figure out if Hill has enough credibility to be used as a witness in prosecuting other local cases.

Legal analyst Scott Goodman says that if the Commonwealth's Attorney does decide this rule applies, then Hill may not be able to participate in any legal cases or serve as a witness in the future.

"There's a doubt about whether or not Sheriff Hill could be a credible witness. So, it is not a criminal investigation, it is just an investigation about whether or not the prosecutor will use Sheriff Hill in cases, and it could even extend to Sheriff Hill's deputies," Goodman said.

According to the U.S. Department of Justice, the term Brady stemmed from a Supreme Court case in 1963 that ruled that the defense has the right to examine all evidence that may help their case. This is not a criminal investigation but could seriously hamper prosecution efforts in Nelson County.

Hill declined to comment before this report.