Prosecutor: Black prisoner smothered to death

Charges against Virginia deputies, workers at mental hospital after fatality

DINWIDDIE — Security camera footage from a state mental hospital shows a Black man who was handcuffed and shackled being pinned to the ground by seven deputies who are now facing second-degree murder charges in his death, officials said Thursday.

Dinwiddie County Commonwealth’s Attorney Ann Cabell Baskervill said during the seven deputies’ first court hearing Wednesday that Irvo Otieno was smothered to death, local news outlets reported.

During a news conference Thursday, Mark Krudys, an attorney for Otieno’s family, described how all seven of the deputies pushed down “every part of his body” with “absolute brutality.”

“I was not really prepared to see this,” Krudys said of the video footage, stressing that Otieno was in handcuffs and leg irons.

“You can see that they’re putting their back into it. Every part of his body is being pushed down with absolute brutality. You cannot even see his image many times.”

Baskervill said in court that the officers had no justification for putting Otieno, who was being checked in, on the floor. The prosecutor said Otieno did not appear combative and was sitting in a chair before being pulled to the floor by the officers, the Richmond Times-Dispatch reported.

It was a “demonstration of power that was unlawful,” the prosecutor said.

The Commonwealth’s Attorney’s Office for Dinwiddie County said Thursday in a news release that three hospital employees have also been charged in Otieno’s death.

Otieno, a 28-year-old Kenyan who lived in Henrico County, had a history of mental health struggles and was experiencing distress at the time of his initial encounter with law enforcement, according to statements from his family an an attorney. He died March 6 as he was being admitted to Central State Hospital south of Richmond, Baskervill said in a release Tuesday announcing the charges against seven Henrico County Sheriff ’s deputies.

What’s been described so far “paints a heinous and inhumane image,” Ben Crump, a civil rights attorney known for representing victims in police brutality cases, said in a statement.

“It is truly shocking that nearly three years after the brutal killing of George Floyd by police, another family is grieving a loved one who allegedly died in nearly the exact same manner — being pinned down by police for 12 agonizing minutes,” Crump said.

The police department said in a news release that officers responding to a report of a possible burglary March 3 in suburban Richmond encountered Otieno, and based on his behavior, put him under an emergency custody order and took him to a local hospital for evaluation. The news release did not describe the behavior that led to the order.

While he was at the hospital, police said he became “became physically assaultive toward officers, who arrested him” and took him to a local jail that is managed by the Henrico Sheriff ’s Office, where he was served with several charges.

Around 4 p.m. on March 6, employees of the sheriff ’s office arrived at the Central State Hospital south of Richmond to admit Otieno, Baskervill said.

Krudys said there was a delay in getting Otieno needed medications while he was in jail. He also said the family does not understand why Otieno was taken from the jail to the state hospital about 45 minutes away rather than to a local mental health facility.

“It’s just incredibly tragic. And it also evokes a lot of anger with regard to the family as to how their loved one was treated,” Krudys said.

The judge set bail for two of the deputies. It wasn’t immediately clear if they posted it and have been released. The other deputies were in the process of securing legal counsel and remained in custody, news outlets reported.

The Office of the Chief Medical Examiner has not made public its final determination on the cause and manner of Otieno’s death.

Edward Nickel, an attorney for Bradley Disse, one of the defendants, said in an email Thursday the deputy has served “honorably” during a 20-year career.

“He is looking forward to his opportunity to try this case and for the full truth to be shared in court and ultimately vindicated,” Nickel said in an email.

Officials are withholding the video from public view, citing the pending investigation.