CNN
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Three hospital employees in Virginia were arrested Thursday and charged with second-degree murder in the death of Irvo Otieno, the 28-year-old Black man who died at a state mental health facility last week, the Office of the Commonwealth’s Attorney for Dinwiddie County said in a news release obtained by CNN affiliate WTVR.
Those charged come in addition to the seven sheriff’s deputies who were charged with second-degree murder on Tuesday.
The three Central State Hospital employees were identified as Darian M. Blackwell, 23, of Petersburg; Wavie L. Jones, 34, of Chesterfield; and Sadarius D. Williams, 27, of North Dinwiddie. They were arrested Thursday and are being held without bond in the Meherrin River Regional Jail in Brunswick County, the commonwealth attorney’s office said.
The death was captured on video, according to commonwealth attorney Ann Cabell Baskervill, who said she is not able to release it to the public.
“The criminal information warrants are based on the evidence collected, analyzed and evaluated to-date,” Baskervill said, according to the release. “A key element of that evidence is the surveillance video from Central State Hospital that captures the intake process. To maintain the integrity of the criminal justice process at this point, I am not able to publicly release the video.”
CNN has reached out to the Central State Hospital for comment.
Otieno died on March 6 at the state mental health facility during the intake process as he was being transferred from a Henrico County jail, according to Baskervill.
In court Wednesday, Baskervill said Otieno was in handcuffs and leg irons and was held on the ground for 12 minutes by all seven deputies. She said the surveillance video of the incident is “extremely clear” and “extremely alarming.”
“They smothered him to death,” she said. “He died of asphyxia due to being smothered.”
The Office of Chief Medical Examiner in Richmond’s preliminary report identifies asphyxiation as a cause of death, the Commonwealth attorney’s office said in a statement.
The Otieno family and their attorneys were shown the video by prosecutors on Thursday, civil rights attorney Ben Crump said in a news conference.
The video is a “commentary on how inhumane law enforcement officials treat people who are having a mental health crisis as criminals rather than treating them as people who are in need of help,” he said.
“He, in the videos, (is) never confrontational with them. He is not posing a threat to them. He’s not violent or aggressive with them. You see in the video he is restrained with handcuffs, he has leg irons on, and you see in the majority of the video that he seems to be in between lifelessness and unconsciousness, but yet you see him being restrained so brutally with a knee on his neck,” he said.
Crump compared the video to that of the death of George Floyd, who was handcuffed, forced to the ground and held down by Minneapolis police officers in May 2020.
“This was a mental health crisis. He wasn’t committing a crime,” he said.
Otieno’s family is originally from Kenya, and Irvo came to the US at the age of 4, family attorney Mark Krudys told CNN. He had a passion for music and was working to become a hip-hop artist, he said.
Otieno had also been on medication for mental illness, but he was not able to take the medication while in custody, Krudys said.
Otieno’s interactions with law enforcement began March 3, according to authorities.
That morning, Henrico Police responded to a report of a possible burglary and encountered Otieno, police said in a news release on March 10. Police officers – along with the county’s Crisis Intervention Team – put him under an emergency custody order due to their interactions with and observations of him, police said.
According to Virginia law, a person can be placed under an emergency custody order when there is reason to believe they could hurt themselves or others as a result of mental illness.
Krudys said Otieno was experiencing a mental health crisis on March 3, and his mother was on scene and implored police not to be aggressive with him. Henrico County police officers eventually placed Otieno into custody without further incident, Krudys said.
Otieno was taken for evaluation to a local hospital, where he became “physically assaultive towards officers,” police said. He was held on three counts of assault on a law enforcement officer, disorderly conduct in a hospital and vandalism, police said.
Otieno was then transferred to the Henrico County Jail West.
At around 4 p.m. on March 6, Otieno was taken to be admitted to Central State Hospital, a state-run mental health facility south of Richmond, by the Henrico County Sheriff’s Office, according to the commonwealth attorney’s office. It’s not clear why deputies transferred Otieno.
During the intake process, Otieno became “combative” and was “physically restrained,” the attorney’s office said, citing what state police investigators were told. He died at the hospital “during the intake process,” the office said.
Virginia State Police were called to investigate his death at 7:28 p.m., the office said.
Krudys, who has not seen video of the incident, said the deputies had engaged in excessive force.
“His mother was basically crying out for help for her son in a mental health situation. Instead, he was thrust into the criminal justice system, and aggressively treated and treated poorly at the jail,” he said.
The Henrico Fraternal Order of Police Lodge 4, the local police union, issued a statement on Facebook saying they “stand behind” the deputies.
“Policing in America today is difficult, made even more so by the possibility of being criminally charged while performing their duty,” the group said. “The death of Mr. Otierno was tragic, and we express our condolences to his family. We also stand behind the seven accused deputies now charged with murder by the Dinwiddie County Commonwealth’s Attorney Ann Baskervill.”
