Judge approves request to withdraw charges in Otieno deathBy SARAH RANKIN
A Virginia judge has approved a prosecutor’s request to withdraw charges against five people in connection with the 2023 death of Irvo Otieno, a young man who died after being pinned to the floor for 11 minutes while being admitted to a state psychiatric hospital. The prosecutor could seek to renew the charges against these individuals in the future, according to court records. Prosecutions are now actively pending for just three of the 10 Henrico County deputies and Central State Hospital workers initially charged with second-degree murder in Otieno’s death, which was captured on video and sparked calls for mental health and law enforcement reforms.
Otieno, a 28-year-old Black man, was taken into custody during a mental health crisis in suburban Richmond. He was initially transported to a private hospital but later jailed after becoming combative. He was then transferred to the state mental health hospital where he died in March 2023 of positional and mechanical asphyxia with restraints. Video footage from the hospital captured deputies and staff restraining Otieno, who was in handcuffs and leg shackles, leading to his death and sparking outrage.
Despite the prosecutor’s decision to withdraw charges against five individuals, Otieno’s mother, Caroline Ouko, and her attorneys strongly disagreed with the move, calling it a radical and reckless decision with great ramifications. Ouko demanded justice and renewed her call for the U.S. Department of Justice to intervene in the case. The prosecutor, Dinwiddie County Commonwealth’s Attorney Amanda Mann, did not provide further comments on her decision but stated in her motions to nolle prosequi the charges that she did not find the order of the defendants’ trials to be strategic or competent prosecutorial decision making.
Defense attorney Russ Stone, representing one of the deputies, expressed his view that the original charges were prosecutorial overreach and are appreciative of Mann’s decision to withdraw charges. He mentioned that it would be extremely rare for the charges to be pursued again. The other individuals facing charges did not comment on the matter. The prosecutor who initially handled the case dropped charges against two hospital employees last June. The remaining two deputies and one hospital worker are set for jury trials later this year. Otieno’s family reached an $8.5 million settlement in a civil case against the state, county, and sheriff’s department involved in their son’s death.
Civil rights attorney Ben Crump, part of Otieno’s family legal team, compared Otieno’s death to that of George Floyd, drawing attention to the treatment of Black individuals by authorities and the delays in seeking justice. At a news conference, Crump emphasized the importance of prosecuting those charged in Otieno’s death, given the clear video evidence of their interactions with Otieno. He pointed out the difference in how Black individuals are treated when accused of crimes versus when they are victims of crimes by authorities. The family and their advocates continue to raise concerns that Otieno’s race played a role in the way he was treated, despite the multiracial group facing charges in connection with his death.
