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Irvo Otieno’s death: Key details and what you need to know

Caroline Ouko, mother of Irvo Otieno, holds a portrait of her son at the Dinwiddie Courthouse in Dinwiddie, Va., on Thursday, March 16, 2023. Speaking at a news conference shortly after watching the video, the family and attorneys condemned the brutal treatment they said Otieno, 28, was subjected to, first at a local jail and then at the state hospital where he died March 6. (Daniel Sangjib Min/Richmond Times-Dispatch via AP)

(NewsNation) — The death of Irvo Otieno marks the latest example of a Black man’s in-custody death that has law enforcement under scrutiny.

Otieno died March 6 inside a Virginia mental hospital after being pinned to the ground while handcuffed and shackled. Prosecutors have charged 10 people with second-degree murder and plan to release footage of the incident sometime this week.

Here is what you need to know about the death of Otieno:

When and how did Otieno die?

The 28-year-old, who was a child when his family emigrated from Kenya, died March 6 as he was being admitted to the Central State Hospital south of Richmond. He had a history of mental health problems and was experiencing mental distress at the time of an earlier encounter with police, his family and authorities said.

That set off a chain of events that led to him spending several days in custody before he was transferred to the state mental hospital. It was there that he was pinned to the ground by officers, according to video reviewed by the family.

“You can see that they’re putting their back into it. Every part of his body is being pushed down with absolute brutality,” family attorney Mark Krudys said in a news conference last week.

Prosecutors said Otieno didn’t appear to be combative and was sitting in a chair when he was pulled down by officers.

The Office of the Chief Medical Examiner has not released its final determination on how Otieno died. The prosecutor has said Otieno was “smothered” to death.

Who is charged in his death?

After Otieno’s death, prosecutors charged seven Henrico County Sheriff’s deputies and three employees of the hospital with second-degree murder.

Dinwiddie County Commonwealth’s Attorney Ann Cabell Baskervill identified the employees as: Darian M. Blackwell, 23, of Petersburg; Wavie L. Jones, 34, of Chesterfield; and Sadarius D. Williams, 27, of North Dinwiddie.

Two of the deputies, Jermaine Lavar Branch, 45, and Bradley Thomas Disse, 43, were granted bond during their first appearance in court Wednesday, USA Today reported.

The other five — Randy Joseph Boyer, 57; Dwayne Alan Bramble, 37; Tabitha Rene Levere, 50; Brandon Edward Rodgers, 48; and Kalyell Dajour Sanders, 30 — are being held at regional jails without bond.

A second-degree murder charge carries a maximum penalty of 40 years in prison in Virginia.

What has the family said?

TFamily members condemned the the brutal treatment to whcih they said Otieno was subjected.

During a news conference last week, they called on the U.S. Department of Justice to intervene in the case, saying Otieno’s constitutional rights were clearly violated.

“What I saw today was heartbreaking, America. It was disturbing. It was traumatic. My son was tortured,” said Otieno’s mother, Caroline Ouko.

Otieno was a deeply loved young man, an aspiring musician who had been a well-known high school athlete, Krudys said.

“There is goodness in his music and that’s all I’m left with now — he’s gone,” Ouko said at the news conference while clutching a framed photo of her son.

“I cannot be at his wedding. I’ll never see a grandchild … because someone refused to help him. No one stood up to stop what was going on,” she said.

What comes next?

A grand jury is set to meet Tuesday to determine if the 10 people facing charges should be indicted. The deputies involved have been placed on administrative leave pending the conclusion of the criminal court case.

The Henrico Fraternal Order of Police Lodge 4 said it hopes for a “quick resolution” and criticized the process by which the local prosecutor charged the deputies.

“Little information regarding these charges has been released by the prosecutor,” the Lodge said in a statement on Facebook. “The deputies were not charged using warrants or indictments, but through a rarely-used process called an “information” that allows for little outside scrutiny from impartial judges or magistrates. … With these things in mind, and cognizant of every accused’s presumption of innocence, we support our Brothers and Sisters, and hope for a quick resolution that clears their names.”

The Associated Press contributed to this report.