The prosecutor’s decision to drop murder charges against five sheriff’s deputies in the death of Irvo Otieno at a Virginia mental health hospital last year has sparked outrage from his family.
Dinwiddie County Commonwealth Attorney, Amanda Mann, took action on Sunday by filing a motion to withdraw the charges against five out of the eight Henrico County sheriff’s deputies. The judge granted her request.
Caroline Ouko, the mother of Otieno and a fervent supporter of justice, expressed her strong disagreement with the plan put forward by the opposing party. She emphasized that the evidence presented in the video was undeniable and urged the Justice Department to step in and take action. “We all witnessed what happened, and it is clear that this is a strong case,” Ouko told reporters during a press conference held on Monday, following her meeting with Mann.
“We implore the Dinwiddie commonwealth attorney to fulfill her duties and carry out her job. And if she lacks the willingness to prosecute, we ask the Department of Justice, where are you? Where are you? We call upon the Department of Justice to take action,” Ouko pleaded with a quivering voice.
“It’s time. Time for you to bring your boots to Richmond and stand for Irvo. And get justice for my son.”
Charges against two deputies and one hospital employee are still pending, but the second-degree murder charges against deputies Randy Joseph Boyer, Dwayne Alan Bramble, Jermaine Lavar Branch, Bradley Thomas Disse, and Tabitha Renee Levere have been dropped.
Russ Stone, attorney for Bramble, expressed his satisfaction with the prosecutor’s decision, highlighting the importance of basing it on the law and the evidence rather than other factors.
According to family attorney Mark Krudys, the motions to drop the charges, formally known as “nolle prosequi,” allow the commonwealth’s attorney to bring these cases back, but it entails a lengthy wait. This unexpected development has caused a delay in the trial, which was originally scheduled to commence in less than a month. Now, the trial will have to be postponed until the fall.
Otieno passed away on March 6, 2023, while being admitted to Virginia’s Central State Hospital for treatment following his arrest on suspicion of burglary. Surveillance footage revealed the involvement of sheriff’s deputies and medical personnel in restraining him as he allegedly became physically aggressive towards the officers. The video depicted a distressing scene, with a group of ten individuals restraining Otieno, who was already handcuffed, for over ten minutes.
The cause of Otieno’s death was determined to be “positional and mechanical asphyxia with restraints,” leading to its classification as a homicide.
According to the family’s attorney, Benjamin Crump, he expressed his disbelief and outrage over the incident. “They had him restrained, he wasn’t going anywhere. He was in a mental health hospital, for God’s sake. Why did they feel the need to put such excessive weight on top of him, to the point where he couldn’t breathe and ultimately died?” Crump questioned.
In September, the family of Otieno reached a settlement of $8.5 million with Henrico county, the state, and the sheriff’s office. In return, the defendants denied any liability in the death of Otieno.
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