Death of Black mental health patient in Virginia ruled a homicide

RICHMOND, Va. (CN) — A Virginia medical examiner has determined Irvo Otieno's death at a mental health facility last month was a homicide caused by positional and mechanical asphyxia with restraints.

"The official cause and manner of death is not surprising to us as it corroborates what the world witnessed in the video," prominent civil rights attorney Ben Crump and co-counsel Mark Krudys said in a statement issued Monday.

Arkuie Williams, the administrative deputy in the state Office of the Chief Medical Examiner, confirmed the cause of death findings to the Associated Press after attorneys for Otieno's family first shared them in a statement. Williams said no additional information from the autopsy beyond the cause and manner of death could be released by the medical examiner's office.

The 28-year-old Black man's death at Central State Hospital in Dinwiddie County on March 6 led to second-degree murder charges for 10 defendants, including seven Henrico County police officers and three hospital staffers. 

Surveillance footage of the incident released on March 22 shows a restrained Otieno being forcibly pulled into a room. Nearly 10 minutes later, the video shows Otieno being dragged across the floor as deputies and staffers attempt to restrain him by holding him down with their knees. He was pinned on the ground for over 15 minutes. 

"In a chilling parallel to George Floyd's killing, Irvo was held down and excessively restrained to death, when he should have been provided medical help and compassion," the family's attorneys said. "It is tragic that yet another life has been lost to this malicious and deadly restraint technique."

The video shows personnel attempting resuscitation efforts after Otieno went unresponsive. It took Dinwiddie County EMS 18 minutes to respond to Central State Hospital. where paramedics were unable to revive Otieno.

Otieno's death came three days after he was taken into custody under an emergency order sparked by a report of a possible burglary. In Virginia, a person can be placed under an emergency custody order when there is reason to believe they could hurt themselves or others due to mental illness, which Otieno's mother Caroline has said he suffered from.

The family's attorneys said Otieno had a mental health crisis on March 3. Police said he became physically combative towards officers while being taken in for an evaluation at a hospital. Police took Otieno to Henrico County Jail West for three counts of assault on a law enforcement officer, disorderly conduct in a hospital and vandalism. The reason for his transfer to Central State Hospital on March 6 remains unclear. 

Otieno's funeral, held in Richmond on March 29, drew the attention of prominent civil rights leaders. 

"He had an illness. He should have been doctored to, not treated with brutality," said civil rights leader the Reverend Al Sharpton, who delivered the eulogy. "You know he couldn't fight back — he was handcuffed and shackled. And if we sound angry, it's because we are." 

A Dinwiddie County judge granted bond to the officers and staffers charged over Otieno's death, as they await pretrial hearings in April and May. Some of the attorneys representing the defendants have said their clients were trying to restrain Otieno. 

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