Judge denies bid to end first trial in case of Irvo Otieno’s death

DINWIDDIE COUNTY, Va. (WRIC) – A Dinwiddie County judge denied an effort to strike the involuntary manslaughter charge against a former state mental hospital worker on trial in the death of Irvo Otieno — whose in-custody death led to outrage and calls for mental health system changes in Virginia.

The March 6, 2023, death of Otieno, a 28-year-old Black man, while in the custody of Henrico County sheriff’s deputies at Virginia’s Central State Hospital in Dinwiddie County drew national attention after videos of it were released last year.

Ten – seven Henrico sheriff’s deputies and three hospital orderlies — were initially indicted on second-degree murder but now only three still face downgraded charges of involuntary manslaughter.

The first person to face trial is Wavie Jones, a former Central State Hospital security staff member who pleaded not guilty on Monday. Dinwiddie County prosecutors rested after presenting their argument and calling witnesses on Monday and Tuesday.

After prosecutors rested their case, Jones’s defense team moved to strike the evidence from the case to dismiss the charges on arguments that the evidence to move forward with an involuntary manslaughter charge was “insufficient” to prove the prosecution’s case.

Dinwiddie Circuit Court Judge Joseph M. Teefey Jr. denied that motion, saying there were conflicted views of the evidence and that the jury would have the final say as the “finder of fact.”

Jones’s defense team has argued that Otieno died of a sudden cardiac event and that their client is innocent.

Lawyers from the Dinwiddie County Commonwealth’s Attorney’s office called several witnesses on Monday and Tuesday, but none went on longer than the medical examiner who conducted the autopsy on Otieno.

The medical examiner who did Otieno’s autopsy, Dr. Jennifer Bowers, told the jury she believed his ability to breathe was hindered and that the cause of death was mechanical and positional asphyxiation with restraints.

Dr. Bowers said she reviewed footage from Central State Hospital and Henrico jail, lab and medical records and a three-page police report for the autopsy.

Jones’s defense challenged Bowers on her opinion, asking her to review surveillance video of Otieno’s death at Central State Hospital.

Bowers said X-rays found no fractures, but an external examination found contusions on Otieno’s face and over his body. She added that no significant internal injuries were discovered during the autopsy.

The prosecution also called on two Central State Hospital nurses at the time who at times were in the room when Otieno was there, including one who administered an anti-psychotic and Benadryl for what she explained was a calming effort.

Both nurses said they could see a struggle but that they didn’t get a clear view of Otieno’s body at the time due to the number of people in the room, which one described as “chaotic.” Neither of the nurses said they noticed seeing any effects of the medications given to Otieno at the time.

Central State Hospital’s primary care physician also testified, telling the jury that they used an EpiPen on Otieno because they can be used in cardiac arrest situations but that there was no reaction.

Dr. Robin Cruz, a forensic toxicologist who was the case examiner for Otieno, shared that she analyzed his blood after he died.

During opening statements, county prosecutors said their argument in the trial would be that Jones’s actions were negligent the day Otieno died.

“A mental health crisis shouldn’t be a death sentence,” Mann said in her opening statement Monday.

In its opening statement, Jones’s legal team told the jury they would argue that Otieno died of a sudden cardiac death. Jones’s attorney called Otieno’s death an unexpected and unpredicted “tragedy” but said Jones was not responsible and acted to help.

Otieno died while in the custody of Henrico County sheriff’s deputies at Virginia’s Central State Hospital in Dinwiddie County. Otieno struggled with mental health illness and his family said he was experiencing an emergency and needed care he never received.

Video released after his death shows sheriff’s deputies and hospital staff trying to restrain a shackled Otieno and holding him down on the floor of an admissions room at Central State Hospital until he was motionless. The video shows resuscitation attempts were unsuccessful.

Seven sheriff’s deputies and three hospital orderlies were initially indicted on second-degree murder charges but now only three men face downgraded charges of involuntary manslaughter.

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