UNITED STATES NEWS

Relatives of man who died during admission to psychiatric hospital seek federal investigation

Jun 28, 2023, 4:15 PM

RICHMOND, Va. (AP) — Lawyers for the family of a Virginia man who died of asphyxiation after he was pinned to the floor for about 11 minutes while being admitted to a psychiatric hospital have asked the U.S. Department of Justice to open a criminal investigation into the circumstances surrounding his death.

In letter to federal officials that was dated June 26 and made public Wednesday, prominent civil rights attorney Ben Crump and Virginia attorney Mark Krudys said the state prosecutor’s office that brought second-degree murder charges against sheriff’s deputies and hospital workers does not have the staff or resources to prosecute the case adequately.

Irvo Otieno, 28, died March 6 as he was being admitted to Central State Hospital. Video from the hospital showed Henrico County sheriff’s deputies and hospital staff attempting to restrain Otieno — who was in handcuffs and leg shackles — for about 20 minutes. For most of that time, Otieno was on the floor being held down by a group that at one point appeared to include 10 people.

Seven deputies and three hospital workers were charged with second-degree murder in Otieno’s death. Former Dinwiddie Commonwealth’s Attorney Ann Cabell Baskervill, whose resignation became effective last week, dropped charges against two of the workers just before her departure.

The family of Otieno, who was Black, has said he was brutally mistreated during a mental health crisis, both at the hospital and while in law enforcement custody for several days before that.

In their letter, lawyers for Otieno’s family said Baskervill’s resignation leaves just two recently hired prosecutors to handle the case as well as all other state prosecutions in the county.

“In our opinion, the newly appointed (Commonwealth’s Attorney) and his similarly new, small staff — with an ample caseload apart from the indictment of Mr. Otieno’s killers — are not adequately prepared to prosecute the eight defendants, all of whom have separate, experienced counsel,” Crump and Krudys wrote.

A spokesperson for the U.S. Attorney’s Office for the Eastern District of Virginia declined to comment. The Justice Department and the Dinwiddie County Commonwealth Attorney’s Office did not immediately respond to requests seeking comment.

Crump and Krudys also said in their letter that federal civil rights laws prohibiting the use of excessive force by law enforcement officers “are the appropriate vehicle” to address the defendants’ conduct.

“This matter, which implicates important concerns regarding the treatment of the mentally ill, has garnered significant community attention and deserves the thoroughness and competence that can only be dispatched by DOJ agents, AUSAs, and other DOJ employees,” the lawyers wrote.

Krudys said in a phone interview that they are not asking state prosecutors to step aside from the case completely. They want the Dinwiddie Commonwealth Attorney’s Office to prosecute the state murder charges and the Justice Department to bring an excessive force claim, he said.

An autopsy conducted by the Virginia Office of the Chief Medical Examiner determined that the cause of death was asphyxia, while the manner of death was ruled a homicide.

During court hearings and in statements, attorneys for several of the defendants have said Otieno was combative and the deputies were trying to restrain him.

United States News

FILE - White House climate adviser Ali Zaidi attends a speech by President Joe Biden about supply c...

Associated Press

Biden rule aims to reduce methane emissions, targeting US oil and gas industry for global warming

WASHINGTON (AP) — The Biden administration on Saturday issued a final rule aimed at reducing methane emissions, targeting the U.S. oil and natural gas industry for its role in global warming as President Joe Biden seeks to advance his climate legacy. The Environmental Protection Agency said the new rule will sharply reduce methane and other […]

3 hours ago

Associated Press

Trump and DeSantis will hold dueling campaign events in Iowa with the caucuses just six weeks away

DES MOINES, Iowa (AP) — Ron DeSantis plans on Saturday to complete his campaign promise to visit each of Iowa’s 99 counties, a timeworn tactic for presidential candidates hoping to make their mark in the leadoff state over months mingling with voters at the state’s diners, cookouts and Pizza Ranches. But the Florida governor’s moment, […]

6 hours ago

FILE - Supreme Court Justice Sandra Day O'Connor is shown before administering the oath of office t...

Associated Press

Justice Sandra Day O’Connor paved a path for women on the Supreme Court

WASHINGTON (AP) — One fall day in 2010, retired Supreme Court Justice Sandra Day O’Connor slipped into the courtroom where she worked for nearly 25 years to take in an “amazing” sight. The first — and for 12 years, the only — woman on the high court saw three women in black robes among the […]

6 hours ago

Associated Press

US Navy plans to raise jet plane off Hawaii coral reef using inflatable cylinders

HONOLULU (AP) — The U.S. Navy plans to use inflatable cylinders to lift and roll a jet plane off a coral reef in Hawaii before removal from the ocean waters where the aircraft crashed on Nov. 20. Rear Adm. Kevin Lenox, the commander of Carrier Strike Group 3 who is leading the salvage effort, said […]

7 hours ago

Associated Press

Las Vegas police search for suspect after 5 homeless people are shot, killing 2

LAS VEGAS (AP) — Five homeless people were shot in Las Vegas on Friday, two of them fatally, and police were searching for a lone suspect, authorities said. The shooting occurred around 5:30 p.m. near a freeway overpass in the northeastern part of the city, according to Las Vegas Metropolitan Police Department Lt. Mark Lourenco. […]

8 hours ago

Associated Press

Judge rejects calls to halt winter construction work on Willow oil project in Alaska during appeal

JUNEAU, Alaska (AP) — A federal judge in Alaska on Friday rejected requests from environmental groups to halt winter construction work for the massive Willow oil project on Alaska’s North Slope while the groups’ legal fight over the drilling project wages on. U.S. District Court Judge Sharon Gleason just last month upheld the Biden administration’s […]

9 hours ago

Sponsored Articles

(KTAR News Graphic)...

KTAR launches online holiday auction benefitting Boys & Girls Clubs of the Valley

KTAR is teaming up with The Boys & Girls Clubs of the Valley for a holiday auction benefitting thousands of Valley kids.

Follow @KTAR923...

The 2023 Diamondbacks are a good example to count on the underdog

The Arizona Diamondbacks made the World Series as a surprise. That they made the playoffs at all, got past the Milwaukee Brewers in the NL Wild Card round, swept the Los Angeles Dodgers in the NLDS and won two road games in Philadelphia to close out a full seven-game NLCS went against every expectation. Now, […]

...

Desert Institute for Spine Care

Desert Institute for Spine Care (DISC) wants to help Valley residents address back, neck issues through awake spine surgery

As the weather begins to change, those with back issues can no longer rely on the dry heat to aid their backs. That's where DISC comes in.

Relatives of man who died during admission to psychiatric hospital seek federal investigation