Attorneys for Va. deputies charged with murder over in-custody … – Police News
By Denise Lavoie and Sarah RankinAssociated Press
RICHMOND, Va. As a video was released publicly this week showing sheriffs deputies and employees of a Virginia mental hospital pinning Irvo Otieno to the floor, attorneys for several of the defendants charged with second-degree murder in his death began to weigh in to defend their clients.
During bond hearings and through statements, lawyers sought to distinguish their clients from the mass of bodies involved in holding Otieno to the floor for over 10 minutes.
One said in court that his client only worked to secure leg irons on Otieno, while another said his client put his body weight on the man for just a short period of time and then tried to position Otieno on his side so he would not have trouble breathing.
Some defense attorneys also said their clients were only trying to restrain Otieno and there was no evidence of an intent to kill the 28-year-old Black man as deputies sought to have him admitted to Central State Hospital on March 6.
At no time did he realize that Mr. Otieno ... was in any danger whatsoever, said attorney Caleb Kershner, who represents one of the seven Henrico County deputies who have been charged, along with three hospital employees.
But Otienos family and their lawyers, including prominent civil rights attorney Ben Crump, pushed back against any attempt to minimize the role they say individuals in the crowded room played in Otienos death.
During a press conference Tuesday evening, family attorney Mark Krudys quoted some of the language used by defense counsel during bond hearings earlier that day, including a description of Otieno as being in obvious need of medical attention.
Despite that they piled on him, Krudys said. Ten individuals.
Krudys and Crump said the defense attorneys were offering excuses for what the video showed while trying to cast Otieno, who was shackled and handcuffed, as combative.
They are trying to say ... Well, he was struggling. Well, he was still resisting.' No he wasnt. He was trying to breathe, Crump said at the news conference, which was punctuated by sobs from Otienos mother.
Otieno's family has said he was brutally mistreated not only at the hospital where he died but also while in law enforcement custody beforehand.
Otieno, whose family said he had long-running mental health struggles, was initially taken to a Richmond-area hospital by police for psychiatric care March 3. But after authorities said he became combative, he was criminally charged and transferred to the jail. His family says he was denied access to needed medication during his time there.
News outlets obtained video this week of the events that preceded Otieno's death at the state mental hospital in Dinwiddie County. The prosecutor had previously shown the footage, for which there is no audio, to Otieno's relatives and attorneys.
According to timestamps, an SUV carrying Otieno arrived at the hospital just before 4 p.m. March 6.
In court, defense attorneys said that before he arrived there he was resistant. One said it took approximately 12 officers to get Otieno out of his cell at the jail.
Video from the hospital shows that nearly 20 minutes after the SUV's arrival, officers remove Otieno from the vehicle and escort him inside. He appears to be upright but hunched over.
By 4:19., a different camera shows him being forcibly led into a room with tables and chairs. He is hauled toward a seat and eventually slumps to the floor, first seated and then lying flat.
An increasing number of people become involved in holding Otieno down. At times his shirtless body is obscured by the sheer number of bodies or by someone standing front of the camera.
Steve Benjamin, a Richmond criminal defense attorney who serves as special counsel to the Virginia Senate Judiciary Committee and is not involved with the case, said the video by itself is not enough to determine the criminal culpability of the deputies or hospital workers.
We don't know if those who were observing were saying to the deputies, Get off him, he cant breathe.' We don't know if he was saying he couldn't breathe or if he was threatening violence to those who were trying to restrain him. We simply have no idea," Benjamin said.
Our reaction to that video is human and natural, he said, but it doesn't go very far in answering the question of, was there a criminal offense committed here?
In Virginia case law, second-degree murder is generally defined as the malicious killing of another, meaning the conduct must be so likely to cause death or serious injury that it demonstrates utter and callous disregard for life.
The first charges in the case were announced last week against the deputies, followed by the hospital workers two days later. Dinwiddie Commonwealth's Attorney Ann Cabell Baskervill said in an email Wednesday that while she doesn't have additional charges in the pipeline, the state police investigation remains ongoing.
A separate investigation into the events preceding Otienos death at both the hospital and the jail is also ongoing, according to Henrico County Commonwealths Attorney Shannon Taylor.
All 10 defendants have been granted bond and have pre-trial hearings set for late April or May.
Final autopsy findings have not been released. Baskervill has said in court that Otieno died of asphyxiation, though some defense attorneys have raised the possibility that injections administered at the hospital may have played a role.
The Rev. Al Sharpton has been asked to deliver the eulogy at Otieno's funeral, his National Action Network said Wednesday. Details have not been announced.
EARLIER:Video released after 7 Va. deputies charged with second-degree murder over in-custody death
Excerpt from:
Attorneys for Va. deputies charged with murder over in-custody ... - Police News
- LIVE: Rev. Al Sharpton leads voting rights rally marking March on Washington - Shoreline Media Group - September 2nd, 2026 [September 2nd, 2026]
- Al Sharpton Served With Intent to Sue Over Nolan Wells Case: I Welcome the Lawsuit - LAmag - August 25th, 2026 [August 25th, 2026]
- Attorneys for Nolan Wells friends threaten to sue the Rev. Al Sharpton for defamation - CNN - August 25th, 2026 [August 25th, 2026]
- Friends of Nolan Wells intend to sue Rev. Al Sharpton for defamation, law firm says - fox10tv.com - August 25th, 2026 [August 25th, 2026]
- Friends of Nalan Wells could sue Rev. Al Sharpton for defamation - WLBT - August 25th, 2026 [August 25th, 2026]
- Nolan Wells Friends Intend to Sue Rev. Al Sharpton for Defamation as Tensions Continue to Rise - Yahoo - August 25th, 2026 [August 25th, 2026]
- Nolan Wells' Friends Send Legal Letter Threatening to Sue Reverend Al Sharpton - TMZ - August 25th, 2026 [August 25th, 2026]
- Rev. Al Sharpton offers $50K reward for new information into Nolan Wells death - Scripps News - August 18th, 2026 [August 18th, 2026]
- Ben Crump and Rev. Al Sharpton speak before the funeral of Corey Ruiz - Milwaukee Journal Sentinel - August 18th, 2026 [August 18th, 2026]
- Rev. Al Sharpton, Ben Crump use NABJ to call for federal action in Nolan Wells case - CBS News - August 18th, 2026 [August 18th, 2026]
- Ben Crump, Al Sharpton, Congressional Leaders to join Nolan Wells' family in call for federal review - WXXV News 25 - August 18th, 2026 [August 18th, 2026]
- Al Sharpton, Martin Luther King III Announce March On Washington - Cassius Life - August 7th, 2026 [August 7th, 2026]
- Coalition Featuring Rev. Al Sharpton, Martin Luther King III Announces March On Washington 2026 - sdvoice.info - August 1st, 2026 [August 1st, 2026]
- Rev. Al Sharpton And National Action Network Partner With King Family For March On Washington 2026: Defend The Vote - essence.com - August 1st, 2026 [August 1st, 2026]
- (BPRW) Rev. Al Sharpton and NAN Partner With the King Family and Community Organizations for the March on Washington 2026: Defend the Vote - Black PR... - July 28th, 2026 [July 28th, 2026]
- Mississippi Gov. Tate Reeves blames Ben Crump and Al Sharpton for threats, stoking division in Nolan Wells case - TheGrio - July 28th, 2026 [July 28th, 2026]
- Al Sharpton, The King Family And Civil Rights Orgs Announce March On Washington For Voting Rights - Yahoo - July 16th, 2026 [July 16th, 2026]
- Al Sharpton, Martin Luther King III Announce March On Washington - NewsOne - July 16th, 2026 [July 16th, 2026]
- Al Sharpton, The King Family And Civil Rights Orgs Announce March On Washington For Voting Rights - Blavity News - July 16th, 2026 [July 16th, 2026]
- Rev. Al Sharpton & Attorney Ben Crump Hold News Conference on Death of Nolan Wells - C-SPAN - July 16th, 2026 [July 16th, 2026]
- Parents of Mississippi teen who died meet with Rev. Al Sharpton - CBS News - July 16th, 2026 [July 16th, 2026]
- Nolan Wells family joins attorney Ben Crump and the Rev. Al Sharpton in press conference - WDAM-TV - July 16th, 2026 [July 16th, 2026]
- Attorney Ben Crump, Al Sharpton call for investigation into death of Nolan Xavier Wells: LIVE - Central Oregon Daily - July 16th, 2026 [July 16th, 2026]
- Family of Nolan Wells to hold press conference with Ben Crump and Al Sharpton - TheGrio - July 16th, 2026 [July 16th, 2026]
- Insecurity: Rev. Al Sharpton pins down Trumps obsession with Obama - MS NOW - July 3rd, 2026 [July 3rd, 2026]
- MS NOWs Al Sharpton Says Tucker Carlson Saved Himself From Cliff Trump and GOP Are Going Over - Yahoo - June 24th, 2026 [June 24th, 2026]
- Al Sharpton Says Tucker Carlson Saved Himself From 'Cliff' Trump Is Going Over - Yahoo - June 24th, 2026 [June 24th, 2026]
- Obama Presidential Center: Rev. Al Sharpton on what it means for the nation - FOX 32 Chicago - June 19th, 2026 [June 19th, 2026]
- Rev. Al Sharpton on the importance of the Obama Presidential Center - CBS News - June 19th, 2026 [June 19th, 2026]
- 'We have work to do': Rev. Al Sharpton says progress from Obama's legacy 'cannot go backwards' - Modern Ghana - June 19th, 2026 [June 19th, 2026]
- Greg Gutfeld: Al Sharpton has no connection to the world unless he tethers it to racism - Fox News - June 10th, 2026 [June 10th, 2026]
- Al Sharpton bizarrely likens Trumps White House UFC event to fights for the slave masters - New York Post - June 10th, 2026 [June 10th, 2026]
- Al Sharpton Makes Wild Comparison Between Trump's UFC White House Event and 'Fights for the Slave Masters' - Yahoo - June 3rd, 2026 [June 3rd, 2026]
- Al Sharpton: South Carolina GOP did the right thing rejecting Trumps redistricting push - MS NOW - May 29th, 2026 [May 29th, 2026]
- Rev. Al Sharpton: Whats In The Mueller Report? - MS NOW - May 22nd, 2026 [May 22nd, 2026]
- Rev Al Sharpton gives us the latest on Jussie Smollett - MS NOW - May 20th, 2026 [May 20th, 2026]
- Rev. Al Sharpton: Trump is spitting in the face of Americans struggling under his economy - MS NOW - May 20th, 2026 [May 20th, 2026]
- "Rise up and get that shot" says Rev. Al Sharpton in COVID safety approach - MS NOW - May 20th, 2026 [May 20th, 2026]
- Al Sharpton Invited 10 Potential 2028 Candidates To His Conference And Was Surprised This Contender Seemed To Get The Most Praise - Yahoo - April 19th, 2026 [April 19th, 2026]
- Democrats State a Show of Respect for Al Sharpton. Really? - Manhattan Institute - April 19th, 2026 [April 19th, 2026]
- Rev. Al Sharpton says killing of Brooklyn toddler is a wake up call - New York Amsterdam News - April 19th, 2026 [April 19th, 2026]
- Gov. Beshear speaks with Rev. Al Sharpton at New York City convention - WKYT - April 19th, 2026 [April 19th, 2026]
- Al Sharpton On Three Major Threats to Black Voters in 2026 - The Root - April 19th, 2026 [April 19th, 2026]
- Mark Kelly, Al Sharpton speak at NAN National Convention - azcentral.com and The Arizona Republic - April 19th, 2026 [April 19th, 2026]
- Al Sharpton Invited 10 Potential 2028 Candidates To His Conference And Was Surprised This Contender Seemed To Get The Most Praise - Blavity News - April 19th, 2026 [April 19th, 2026]
- Opinion: Misconduct forgotten, grifter Al Sharpton sits in governor's chair - CT Insider - April 5th, 2026 [April 5th, 2026]
- Rev. Al Sharpton on the 25th anniversary of Martin Luther King Jr Day - MS NOW - April 5th, 2026 [April 5th, 2026]
- Rev. Al Sharpton On Why The Church Remains A Pillar In The Black Community - NewsOne - April 5th, 2026 [April 5th, 2026]
- Robert De Niro, Al Sharpton Speak Out Against Trump At No Kings Rally In New York - thehill.com - April 3rd, 2026 [April 3rd, 2026]
- Al Sharpton: We are afraid of the cops and the robbers. - MS NOW - March 28th, 2026 [March 28th, 2026]
- The Rev. Al Sharpton to give eulogy for man fatally shot by Hartford police - CT Insider - March 28th, 2026 [March 28th, 2026]
- Rev. Al Sharpton set to eulogize Stevie Jones after Hartford police shooting - Connecticut Public - March 26th, 2026 [March 26th, 2026]
- Al Sharpton, Ben Crump expected to attend funeral of man fatally shot by Hartford police - CT Insider - March 26th, 2026 [March 26th, 2026]
- Rev. Al Sharpton to give eulogy at service for man shot and killed by Hartford officer - NBC Connecticut - March 26th, 2026 [March 26th, 2026]
- The Rev. Al Sharpton to give eulogy for man fatally shot by Hartford police - Stamford Advocate - March 26th, 2026 [March 26th, 2026]
- Rev. Al Sharpton To Eulogize Man Shot 9 Times, Killed By Hartford Police - dailyvoice.com - March 26th, 2026 [March 26th, 2026]
- The Rev. Al Sharpton asks NYC to help protect Merchant's House Museum in Manhattan - CBS News - March 18th, 2026 [March 18th, 2026]
- Rev. Al Sharpton speaks at Rev Jesse Jackson funeral: 'We didn't come this far to turn around now' - 11Alive.com - March 7th, 2026 [March 7th, 2026]
- Rev. Al Sharpton on the passing of his mentor, Rev. Jesse Louis Jackson - The Mississippi Link - March 7th, 2026 [March 7th, 2026]
- Al Sharpton blasts Mike Johnson for refusing to honor Jesse Jackson at Capitol - MS NOW - February 26th, 2026 [February 26th, 2026]
- Spike Lee, Al Sharpton, Mamdani speak on Thanksgiving - LiveNOW from FOX - November 28th, 2025 [November 28th, 2025]
- Rev. Al Sharpton provides Thanksgiving turkeys in Harlem - amNewYork - November 28th, 2025 [November 28th, 2025]
- Press Release: Hakeem Jeffries Addresses Medicaid and SNAP Issues on Keepin' It Real Show with Rev. Al Sharpton - Quiver Quantitative - October 26th, 2025 [October 26th, 2025]
- After Bust In Coke Sting, Rev. Al Sharpton Tried Helping The Feds Make A Drug Case Against NYC Mob's Joe & Danny Pagano - The Gangster Report - - October 15th, 2025 [October 15th, 2025]
- Rev. Al Sharpton: SCOTUS voting rights case will have a ripple effect across the U.S. - Yahoo - October 15th, 2025 [October 15th, 2025]
- Trump Picked the Wrong Enemy With Letitia James Indictment, Al Sharpton Says: This Is All Vengeance | Video - TheWrap - October 13th, 2025 [October 13th, 2025]
- Trump Picked the Wrong Enemy With Letitia James Indictment, Al Sharpton Says: This Is All Vengeance | Video - Yahoo News Canada - October 11th, 2025 [October 11th, 2025]
- Trump mocks Al Sharpton with old photo of MSNBC host, calls on FCC to look into his show - Yahoo - October 11th, 2025 [October 11th, 2025]
- Donald Trump mocks Rev. Al Sharpton while urging FCC to 'look into' NBC's license - Yahoo - October 11th, 2025 [October 11th, 2025]
- Donald Trump Wants FCC To Target NBC Over Al Sharpton Who Used To Be A 'Major' Fan - Yahoo - October 9th, 2025 [October 9th, 2025]
- Trump mocks Al Sharpton with unflattering snap and calls for probe into his lowest rated show - New York Post - October 7th, 2025 [October 7th, 2025]
- Trump unleashes new FCC threat on NBC in fat-shaming Al Sharpton post that name-checks Tawana Brawley hoax - The Independent - October 7th, 2025 [October 7th, 2025]
- Trump calls on FCC to look into Al Sharpton in latest attack on media and free speech - TheGrio - October 7th, 2025 [October 7th, 2025]
- Donald Trump sets his next FCC attack on Al Sharpton and MSNBC - Entertainment Weekly - October 7th, 2025 [October 7th, 2025]
- Al Sharpton speaks out after wave of threats target HBCUs, sparking lockdowns and security sweeps - TheGrio - September 13th, 2025 [September 13th, 2025]
- Al Sharpton speaks out after wave of threats target HBCUs, sparking lockdowns and security sweeps - yahoo.com - September 13th, 2025 [September 13th, 2025]
- Al Sharpton leads pro-DEI 'March on Wall Street' on anniversary of the 1963 March on Washington - Citizen Tribune - September 3rd, 2025 [September 3rd, 2025]
- Al Sharpton leads pro-DEI 'March on Wall Street' on anniversary of the 1963 March on Washington - AP News - August 29th, 2025 [August 29th, 2025]
- Keep the dream alive! Reverend Al Sharpton leads March on Wall Street seeking to protect DEI in corporate America - amNewYork - August 29th, 2025 [August 29th, 2025]
- Al Sharpton: The fight to save DEI now comes to Wall Street - New York Daily News - August 29th, 2025 [August 29th, 2025]