While the suspects in the case have not been tried, the family of Irvo Otieno has received some semblance of closure.
On Tuesday, a Virginia judge approved an $8.5 million settlement for the family in their lawsuit against the Commonwealth of Virginia, Henrico County, and the Henrico County Sheriff, according to the Richmond Times-Dispatch.
Irvo, 28, was in the middle of a mental health crisis when he died in March 2023 at a mental health facility. Allegedly, as he was going through this crisis, local police pinned him to the ground in handcuffs and leg irons. A medical examiner in Virginia determined that he died from asphyxiation, which is the state of being deprived of oxygen. His death was also ruled a homicide
In a motion filed in May, prosecuting attorneys described his death as a form of “medieval torture” used hundreds of years ago. Disturbing security footage from the incident shows seven deputies piling on top of Irvo as he was losing his breath. It’s reminiscent of what football players would do after there’s a fumble on the field except, deputies were on top of Otieno for more than 12 minutes.
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Henrico County police officers first encountered Otieno on March 3 after they responded to a possible burglary and placed him under an emergency custody order. Under Virginia law, a person may be placed under an emergency custody order if there are concerns they may harm themselves or others as a result of mental illness.
The officers took Otieno to a hospital, where authorities said he became “physically assaultive” towards officers. Police took him to Henrico County Jail and he was booked. He was transferred to the mental health facility in Dinwiddie County on March 14 and died during the intake process after he became “combative,” according to the state’s attorney.
Although the family of Otieno has received a form of payment, the suspects in the case are still denying any liability in his death.
In April, seven sheriff deputies and an employee at the hospital were charged with second-degree murder. They face pending trials.