*(CNN) — Seven sheriff’s deputies in central Virginia were arrested and charged with second-degree murder Tuesday in the death of a Black man who prosecutors say was fatally “smothered” while in custody.
Irvo Otieno, 28, died on March 6 during the intake process as he was transferred from a Henrico County jail to a state mental health facility, according to a statement from Dinwiddie County Commonwealth’s Attorney Ann Cabell 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.
“They smothered him to death,” she said. “He died of asphyxia due to being smothered.”
MORE NEWS ON EURWEB: Over $70k Raised for Woman Left Paralyzed by Thief During Robbery | Video
She said the incident was captured on video that is “extremely clear, extremely alarming.”
The video is 12 minutes long and shows “deliberate and cruel treatment,” she added, according to CNN affiliate WTVR. The affiliate was in court for the hearing but no cameras were allowed.
An attorney for the family noted the “brutal nature” of his death in a statement.
“The family is grief stricken after learning of the brutal nature of Ivor’s death and his inhumane treatment in the hours preceding his death,” Mark Krudys, the attorney for Otieno’s family, told CNN. “The public, and experienced mental-health professionals alike, will be deeply disturbed when the facts of this case are fully made known.”
The case comes as law enforcement use of force has been under scrutiny nationwide, particularly as it relates to violence against Black people.
The Henrico County deputies turned themselves in to state police Tuesday and are on administrative leave as investigations by their agency and state police continue, county Sheriff Alisa Gregory said in a statement.
“The events of March 6, at their core, represent a tragedy because Mr. Otieno’s life was lost,” Gregory said. “This loss is felt by not only those close to him but our entire community.”
The seven deputies who were charged were identified in Baskervill’s release as Randy Joseph Boyer, 57, of Henrico; Dwayne Alan Bramble, 37, of Sandston; Jermaine Lavar Branch, 45, of Henrico; Bradley Thomas Disse, 43, of Henrico; Tabitha Renee Levere, 50, of Henrico; Brandon Edwards Rodgers, 48, of Henrico; and Kaiyell Dajour Sanders, 30, of North Chesterfield.
Dinwiddie County Court records show that the deputies were scheduled to appear in court Wednesday morning for an appointed counsel hearing. At least two have bonded out, according to state court records.
All seven are slotted to appear before a grand jury on March 21, court records show.
CNN has sought comment from the deputies. 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.”
What we know about his death
Otieno’s family is originally from Kenya, and Irvo came to the US at the age of 4, Krudys, the family attorney, 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 — 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.
He 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 cause of Otieno’s death has not been released, Baskervill told CNN in an email. CNN has sought comment from the Richmond medical examiner’s office and Central State Hospital.
The-CNN-Wire
™ & © 2023 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.
We Publish News 24/7. Don’t Miss A Story. Click HERE to SUBSCRIBE to Our Newsletter Now!
