Irvo Otieno, a black guy aged 28 who was being moved from a jail to a mental health center, died on March 6th. Officials in Virginia determined that the death of a man in police custody was a homicide by asphyxiation following a proper autopsy.
A video of the transfer depicts police officers and hospital personnel climbing on top of Mr. Otieno before his death.
Second-degree murder charges have been brought against seven deputy sheriffs.
Others facing similar accusations in connection with Mr. Otieno’s death are three hospital employees.
Monday, the Office of the Chief Medical Examiner of Virginia announced that an official autopsy revealed that Mr. Otieno died of “positional and mechanical asphyxia with shackles.”
The medical examiner’s office stated in a press release that the cause of death was determined to be a homicide.
Notable civil rights attorneys Ben Crump and Mark Krudys, who represent Mr. Otieno’s family, have stated that the cause of death is “not shocking.”
They noted that it confirms what was observed in a video produced by prosecutors that depicts Mr. Otieno’s final moments.
The lawyers said in a statement,
“In a frightening resemblance to George Floyd’s murder, Irvo was kept down and excessively restrained to death, when he should have been given medical attention and compassion.”
“It is unfortunate that this nasty and lethal restraint tactic has claimed yet another life.”
A defense attorney for one of the Henrico County deputy sheriffs charged in Mr. Otieno’s killing maintained that the death was accidental.
Peter Bowen told a local NBC News network on Monday,
“There are certainly different degrees of homicide, but we continue to feel that this death was an accident.”
Several deputy sheriffs haul Mr. Otieno into a hospital admissions room in handcuffs and leg irons, followed by medical personnel, as seen on video.
Later in the film, up to ten deputy sheriffs and medical personnel are shown pinning down a shirtless Mr. Otieno who is still in handcuffs and leg irons.
The footage shows that he was restrained for eleven minutes. Mr. Otieno is then observed laying immobile after the deputies and medical personnel had retreated.
Then, he is seen receiving emergency care. Also disclosed was the audio of a 911 call made by medical workers during resuscitation efforts.
In it, a member of the hospital staff can be heard stating that Mr. Otieno is receiving CPR and is “quite hostile.” The dispatcher then inquires further, stating,
“I’m sorry, is the patient combative or is he not breathing?”
“He used to be belligerent, right? So they’re attempting to contain him, and eventually, he stops breathing,” a hospital staff member explains.
Mr. Otieno was initially apprehended on March 3 as a probable burglary suspect, according to a police news release.
He was placed under an emergency custody order, which is used when it is thought that a person with mental illness could cause harm to themselves or others.
Police reported that he then “got physically aggressive towards officers” and was subsequently sent to jail where he was charged with assault.
According to Mr. Otieno’s family, he was experiencing a mental health crisis at the time of his detention and was denied access to his medication while in custody.
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