Caroline Ouko speaks after the Oct. 4, 2024 not gulty verdict in the case of her son Irvo Ouko’s death. She is pictured with her older son Leon Ochieng (left) and family friend Allan Shipman.
By Marlene Dolla
The mother of Irvo Otieno and the attorney representing the family have renewed calls for the U.S. Justice Department to review the circumstances of the 28-year-old Henrico man’s in-custody death during a mental illness episode.
As noted in an Oct. 11 press release from The Krudys Law Firm, and as shown on surveilance video, Otieno died on March 6, 2023 after multiple Henrico County Sheriff’s deputies and employees of Central State Hospital piled onto him for 12 minutes as he lay restrained and mostly face down on floor of Central State Hospital’s admission room.
Dinwiddie prosecutors initially charged 10 people in Otieno’s death. However, a change in prosecutors led to downgraded and dismissed charges. Only three were scheduled to stand trial at the beginning of the first trial this month and on Oct. 3, a jury found one of them, Wavie Jones, a state hospital employee, not guilty of involuntary manslaughter.
“My son was in the depths of a mental health crisis,” said Otieno’s mother, Caroline Ouko, after the trial. “The verdict here today shows us very clearly that those persons that find themselves in crisis like my son did have no protection under the law.”
Doug Ramseur, Jones’ attorney, said Jones was trying to help Otieno as part of the former’s job.
“We’re very sympathetic to the plight of the mentally ill,” Ramseur said. “That’s what Mr. Jones was doing when he worked there.”
Otieno was previously diagnosed with several mental health conditions, including schizoaffective disorder, and was anxious and agitated, having gone multiple days without sleep or medication in the days leading to his death, his mother previously said.
Mark Krudys, attorney for the family, stated in the press release that it was evident from the trial that the small Dinwiddie Commonwealth Attorney’s Office lacks both the experience and resources necessary to prosecute the case.
“As we have stated previously, the resources of the U.S. Department of Justice are necessary to ably and properly prosecute the defendants,” stated Krudys, adding that the prosecution began the “crucial first day of the trial by calling witnesses with whom they appeared not to have spoken.”
Krudy’s said the prosecution did not personalize Otieno at all.
“There was absolutely no testimony of his vibrant, impactful life,” he stated. “As many trial observers noted, the [prosecution] allowed the defence to put Irvo himself on trial. Irvo was effectively villainized even though he was a patient in a mental health crisis.”
Krudys believes the Oct. 3 verdict did not diminish the strength of the cases against the defendants.
“Mr. Otieno died as a result of 10 persons – most of them large men – on him for up to 12 minutes in total, he stated, “…during the entire time, Mr. Otieno was restrained with handcuffs and leg irons.”
The state medical examiner ruled Otieno’s manner of death a homicide due to positional and mechanical asphyxia with restraints.
“This matter calls out to be immediately investigated by the DOJ,” stated Krudys. “At this point, no other governmental body will ably and zealously pursue the matter.”
Ben Crump, the nationally-known civil rights attorney, also represents the family, which has planned a press conference with Krudys on Oct. 14 at 10:30 a.m. in front of the U.S. Courthouse at 701 East Broad Street in Richmond. Crump is not expected to attend due to a prior commitment.
