The family of Irvo Otieno criticizes move to withdraw murder charges for now against 5 deputies

A Virginia judge has signed off on a prosecutor’s request to withdraw charges against five more people in connection with the 2023 death of Irvo Otieno, a young man who was pinned to the floor for about 11 minutes while being admitted to a state psychiatric hospital.

Judge Joseph Teefy of Dinwiddie Circuit Court on Sunday approved the prosecutor’s motion to nolle prosequi — or effectively drop for now — the case against five sheriff’s deputies, according to court records. The prosecutor could still seek to renew the charges, attorneys involved with the matter said.

The move means prosecutions are now actively pending for just three of the 10 Henrico County deputies and Central State Hospital workers initially charged with second-degree murder in Otieno’s death, which was captured on video that sparked outrage and calls for mental health and law enforcement reforms.

Otieno, a 28-year-old Black man, had been taken into custody in suburban Richmond amid a mental health crisis. He was initially transported to a private hospital but later jailed after law enforcement officials said he became combative. Later, he was transferred to the state mental health hospital south of Richmond, where he died in March 2023 of what a medical examiner found was “positional and mechanical asphyxia with restraints.”

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