The dismissal of murder charges against five sheriff’s deputies in the death of Irvo Otieno at a Virginia mental health facility last year infuriated his family on Monday.
Dinwiddie County Commonwealth Attorney Amanda Mann filed a petition on Sunday to remove the charges against five of the eight Henrico County sheriff’s deputies, which the judge granted.
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“We did not support her plan. I’m not sure what video people are looking at, but we all know what we witnessed. “This is a strong case,” Otieno’s mother, Caroline Ouko, told reporters Monday after meeting with Mann, urging the Justice Department to intervene.
“We hope the Dinwiddie Commonwealth Attorney can perform her job. And, if she is unwilling to prosecute, where is the DOJ? Where are you now? Where are you, Department of Justice? Ouko asked, her voice breaking.
“It’s time. It is time for you to bring your boots to Richmond and support Irvo. And seek justice for my kid.”
While two deputies and one hospital employee continue to face prosecution, Randy Joseph Boyer, Dwayne Alan Bramble, Jermaine Lavar Branch, Bradley Thomas Disse, and Tabitha Renee Levere have had their second-degree murder charges reduced.
“We’re pleased that this prosecutor was willing to make a decision based on the law and evidence rather than other factors,” said Bramble’s attorney, Russ Stone.
According to family lawyer Mark Krudys, the legal term for the requests to dismiss the charges is “nolle prosequi,” which “means the commonwealth’s attorney can bring these cases back, but it is an agonizing wait.” “We were going to begin less than a month from now, and now we have to begin in the fall.”
While receiving treatment at Central State Hospital in Virginia after his arrest for alleged burglary, Otieno passed away on March 6, 2023. Surveillance footage shows sheriff’s deputies and medical personnel detain him after he “became physically assaultive towards officers.” The footage shows ten individuals piling on top of Otieno, who is shackled, for over ten minutes.
The next month, Otieno’s death was judged a homicide, with the cause listed as “positional and mechanical asphyxia with restraints.”
Benjamin Crump, the family’s attorney, stated, “They had him restrained and in control.” “He was not going anywhere. He was in a mental health facility, for God’s sake. Why is it necessary to pile all of this weight on top of him, smothering him to death?”
In September, Otieno’s family reached a $8.5 million settlement with Henrico County, the state, and the sheriff’s office, denying any liability for Otieno’s death.
