Oct 03, 2024
DINWIDDIE COUNTY, Va. (WRIC) – A jury found a former orderly at Central State Hospital not guilty of involuntary manslaughter in the death of Irvo Otieno – a man whose death at the state psychiatric hospital was recorded and led to calls for mental health system changes in Virginia. The trial of Wavie Jones, a former security staff member at Central State Hospital, in Dinwiddie County Circuit Court lasted four days. It took the jury less than 30 minutes to unanimously decide to acquit Jones on Thursday. Jones's family members cried after the verdict was announced, and as the jurors walked out of the courtroom for the last time, Otieno's mother shouted that it was a "miscarriage of justice." Dinwiddie Circuit Court Judge Joseph M. Teefey Jr. told Otieno's mother, Caroline Ouko, that she was excused from the court after her comment. Otieno, a 28-year-old Black man, died on March 6, 2023, in an admissions suite at Central State Hospital while in custody of Henrico County sheriff’s deputies. His death led to outrage and a push for mental health reforms in Virginia after a video of it was released last year. In the video, which has no audio, Otieno is seen being restrained to the ground by a group of sheriff's deputies and hospital workers for more than 11 minutes. The medical examiner who conducted Otieno's autopsy said the cause of death was "positional and mechanical asphyxia with restraints," a view that Jones's defense team criticized and challenged during the trial. New videos shed light on Irvo Otieno’s time at Henrico hospital and jail before in-custody death Ten people – seven Henrico sheriff’s deputies and three hospital orderlies -- were initially indicted on second-degree murder charges, but only two active cases remain after Jones's acquittal. Jones was the first to face trial in Otieno's death. "The injustice was that he [Jones] was charged at all," Doug Ramseur, one of Jones's attorneys, said outside the courthouse after the verdict. "He has suffered more than just being in this courtroom. His whole life has been ripped upside down." Dinwiddie County Commonwealth's Attorney Amanda Mann said after the verdict that her office is "disappointed" but respects the jury's decision. "Given there are additional cases stemming from Mr. Otieno's death pending, it's not appropriate for me to comment further," Mann said in a statement. "It's important right now for information in these cases to be addressed in court, not the media and beyond." Defense attorneys for Jones challenged the medical examiner, Dr. Jennifer Bowers, while she testified for the prosecution as an expert witness, accusing her of coming to an immediate decision without all the information for the cause of death. Report calls for changes after finding ‘cascade of systemic failures’ led to Irvo Otieno’s death Over two days, the defense called three medical experts in various fields -- cardiology, pulmonary and internal medicine and forensic pathology -- who disagreed with Dr. Bowers and said they believed that the evidence in the case shows Otieno died of a sudden cardiac event. The defense’s witnesses said they reviewed Bowers’s autopsy report and photos, Otieno’s medical records and the video showing Otieno’s death in an admissions suite at Central State Hospital. Two of the defense’s medical expert witnesses said scarring on Otieno’s heart and the video showing him suddenly stop moving were consistent with a sudden cardiac death. All of them said other factors, including Otieno’s enlarged heart, obesity, stress, exertion, lack of food and sleep around the time of his death, also contributed to the death. Dinwiddie prosecutors in the county’s commonwealth’s attorney’s office brought Dr. Bowers back on the stand Thursday for their rebuttal of the testimony of the defense’s witnesses. Bowers said she stood by her cause of death that Otieno suffocated. The defense team for Jones also questioned the prosecution's argument that he was on Otieno's back while the group of sheriff's deputies and workers appeared in the video to pile on top of him at Central State Hospital. Ramseur told the jury during the defense's closing argument that the prosecution tried to shift its theories in the case, saying the commonwealth's attorney's office was "trying to reverse engineer" what caused Otieno's death. Irvo Otieno’s funeral honors his life, draws calls for mental health reform During opening statements, county prosecutors said their argument in the trial would be that Jones’s actions were negligent the day Otieno died. On Tuesday, Jones’s defense called on Henrico County police officers who responded to Otieno’s mother’s home before he was taken to Parham Doctors’ Hospital, officers who interacted with Otieno at Parham and staff at the hospital. Videos previously reported on by 8News of Henrico police’s response, including when an officer is seen hitting Otieno multiple times and Otieno hitting that same officer, were shown by Jones’s defense on Tuesday. Jones’s legal team called two Henrico County sheriff’s deputies who were charged with second-degree murder in Otieno’s death last year who had their charges withdrawn to testify on Wednesday. While both had their charges withdrawn, they could still face charges tied to Otieno’s death. An attorney for Jones noted that both spoke without immunity on potential charges and understood that they could have their testimony used against them in the future. To read more about Otieno's death or to follow 8News' previous coverage of the trial, click here. Henrico County sheriff’s deputies Dwayne Bramble and Jermaine Branch were both in the admissions room at Central State Hospital holding onto and trying to restrain Otieno before he died. Bramble and Branch told the jury Wednesday that Otieno was not complying with commands, trying to get on his stomach, fighting back efforts to restrain him and get him on his side, was considered a safety threat and was speaking incoherently at times. Both Bramble and Branch demonstrated how they were holding onto Otieno on a mannequin provided by the defense team, each saying it was hard to see at all times. Still, they didn’t see anyone putting their body weight directly onto Otieno. Both of them said they could not get Otieno under control without the help of security staff members at Central State Hospital. Bramble said he didn’t see Jones with his knees on Otieno, but noted that he focused on securing Otieno’s ankle. “A mental health crisis shouldn’t be a death sentence,” Mann said in her opening statement Monday. This was repeated during the prosecution's closing argument on Thursday. 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. Dr. Bowers, the state medical examiner who did Otieno's autopsy, told the jury on Tuesday she believed his ability to breathe was hindered and that the cause of death was mechanical and positional asphyxiation with restraints. She said she reviewed footage from Central State Hospital and Henrico jail, lab and medical records and a three-page police report for the autopsy. Stay with 8News for updates.
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