RICHMOND, Va. — Second-degree murder charges against two deputies and a hospital worker have been reduced to involuntary manslaughter in the death of a Virginia man who was grounded for about 11 minutes while admitted to a state psychiatric hospital.
The downgrade of charges in the 2023 death of Irvo Otieno comes just weeks after prosecutors dropped charges against five other deputies, a move criticized by Otieno’s family.
Otieno, a 28-year-old Black man, died in March 2023 after being restrained by Henrico County sheriff’s deputies and hospital staff while admitted to Central State Hospital. Prosecutors initially charged 10 people with second-degree murder, but dropped charges against a total of seven people, leaving only three people to face charges.
An amended indictment was filed Wednesday reducing the charge to involuntary manslaughter against two deputies, Brandon Rodgers and Kaiyell Sanders, and hospital worker Wavie Jones, according to online court records.
Dinwiddie County Commonwealth’s Attorney Amanda Mann did not immediately respond to an email request for comment. Doug Ramseur, an attorney for Jones, and Linwood Wells, an attorney for Sanders, declined to comment. Attorney Michael W. Lee, who represents Rodgers, did not immediately respond to an emailed request for comment.
Otieno was taken into custody in a Richmond suburb during a mental health crisis. He was initially transported to a private hospital but was later jailed after law enforcement officials said he became combative. He was then transferred to Central State Hospital where he was restrained during the admission process.
His death was captured on video, sparking outrage and calls for mental health and law enforcement reforms. The state medical examiner’s office ruled Otieno’s death a homicide, finding he died of “positional and mechanical asphyxia with restraint.”
Mark Krudys, an attorney representing Otieno’s family, did not immediately respond to an emailed request for comment.