Parents see body-cam video of their mentally ill son hours before he was killed by police in Virginia

RICHMOND, Va. -- Video obtained exclusively by CBS 6 revealed the interactions between a mentally ill hospital patient and Richmond Police, medical staff, and security just 36 hours before the man would be killed during an encounter with Chesterfield Police.

For the first time publicly, the body camera footage shows exactly what led a Richmond police officer to arrest and remove 34-year-old Charles Byers from the hospital while Byers was under a court order to receive involuntary psychiatric treatment.

It was also the first time Byers' parents had seen the video.

"It was just really, really hard to watch the beginning of the last moments of his life," Byers' mother Peggy Byers said.

"It's sad because we know that was just the first act of a tragedy that had multiple acts leading to our son's untimely death, a death that could have been prevented," his father Michael Byers said.

Richmond Police initially declined to release the body camera footage when requested by CBS 6 through the Freedom of Information Act, but the video has now been submitted as evidence in a civil case.

Byers suffers mental health crisis - July 5

Byers lived with schizoaffective disorder, which his family said caused delusions, paranoia, and anxiety.

On July 5, 2023, Byers was suffering an episode, so his mother took him to the emergency department at HCA's Chippenham Hospital in Richmond.

There, Byers was found roaming the halls of the hospital and "heard voices and saw things that weren't there," according to court filings.

So, a Richmond Police officer working at the hospital placed Byers under an emergency custody order.

A mental health professional with Richmond Behavioral Health Authority then evaluated Byers around 11:30 p.m. that evening and recommended Byers be placed under a temporary detention order (TDO) because he was confused and could not give "any information of substance."

Just before 3 a.m. on July 6, a Richmond magistrate signed off on a TDO for Byers, stating that Byers was a danger to himself or others and was unable to care for himself.

Under a TDO, a patient is typically required to receive treatment at a psychiatric facility for up to 72 hours or until a commitment hearing is held for the individual.

Byers never had a commitment hearing.

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Video reveals what happened to Charles Byers before he was killed by police

Tyler Layne

Around 3 p.m. on July 6, a bed became available for Byers at Tucker Pavilion, located at Chippenham Hospital, and he was admitted.

However, Byers had only been admitted for just three hours when hospital staff decided to move him to a room with seclusions on another floor, because Byers "became aggressive toward staff," according to court records filed by HCA Healthcare.

When Byers did not want to get on an elevator, hospital staff and security called a Richmond Police officer to assist.

That's when the body camera footage begins.

Body camera footage inside the hospital - July 6

Just 30 seconds into the video, Byers was heard saying he "can't cooperate" and would "just wait for the real cops to get here" and said the officer's hat was "fake."

“Why don’t you want to take the elevator?” the RPD officer asked.

“Because I don’t trust you specifically and some other people specifically," Byers responded.

Byers was unintelligible on many occasions throughout the exchange.

Security officers and medical staff also surrounded him for the duration of the video.

“Sir, you gonna take the elevator?” a security officer asked about two minutes into the video.

“No, unfortunately," Byers said.

“Well, you don’t have no other option," the security officer said.

Around four minutes in, Byers said that part of the reason he didn't want to get on the elevator was because he gets motion sickness.

In response, the RPD officer asked someone to get him medicine.

Around five minutes in, a security officer said Byers was a "flight risk" and suggested handcuffing him if he didn't cooperate.

“If you’re comfortable with it, maybe you can “clink clink” him and one officer on each side, you know? Just to diffuse the situation right now," the security officer said to the RPD officer.

“I think that’s going to aggravate the situation," the RPD officer responded.

Twelve minutes into the video, a hospital employee arrived to give Byers a shot in his arm.

The group agreed to give him a few minutes for the effects to kick in and then get him on the elevator.

Around 19 minutes into the video, the elevator opened, but Byers refused to get in.

“Come on Charles. Here, I gotcha. Come on. I’ll go down with you," the RPD officer said.

Byers still did not cooperate, and then a nurse appeared to suggest that the RPD officer handcuff him.

“Maybe we can put them on, and just take him down," the nurse said.

Twenty-three minutes in, staff and officers appeared to grow increasingly impatient, and the security officer again suggested that the RPD officer handcuff him.

“We gave you multiple opportunities, correct?” the security officer asked Byers.

“You’re right about that," Byers responded.

“To get on the elevator. We let you do things the way you wanted to do things and get medicated and calm down so that you can get on the elevator correct? Nothing is funny. It’s going to end up bad for you," the security officer said.

“This is your last chance before I put you in handcuffs. Stand up and let’s go," the RPD officer told Byers around 24 minutes into the video.

“I will," Byers said.

“Now," the RPD officer said.

“I’m currently standing, or maybe I’m hallucinating that I’m standing," Byers said.

A nurse then appeared to reach for Byers, and Byers grabbed the nurse's wrist.

The RPD officer and the nurse then grabbed Byers and tried to stand him up.

“Do you want to get tased?” the RPD officer said.

“No," Byers said.

“Well it’s going to happen," the RPD officer said.

“Let him cuff you. We’re done talking," the nurse said.

They struggled with Byers and then brought him to the ground. Byers appeared to resist being handcuffed.

“Stop resisting or I’m going to ******* tase you. I’ve had enough. Put your hands behind your back. Do it now," the RPD officer shouted around 26 minutes into the video.

After that exchange, the officers and nurse got off of Byers.

The RPD officer continued to threaten to tase Byers and said if he didn't comply, he would have to "take the ride."

Byers sat on the floor throughout the rest of the video, not saying much.

“Right now, you’re probably going to jail instead of staying here for treatment," the RPD officer told Byers about 30 minutes into the video.

The RPD officer then said he saw Byers "kick at somebody" to which Byers responded by apologizing.

“At this point, I would just request that you guys take him," the nurse told the RPD officer about 33 minutes in.

“You’re the one that got kicked?” the RPD officer asked the nurse.

In response, the nurse nodded his head.

The RPD officer said Byers was under arrest for kicking a medical worker, though the body camera footage viewed by CBS 6 did not clearly show a kick.

More Richmond Police officers arrived to take Byers to jail, and Byers did not resist.

The nurse then said he would grab discharge paperwork for the officer.

“I tried to avoid this, man – definitely tried," the RPD officer told Byers around 40 minutes in as he was being arrested.

Byers' parents react to the video

Peggy and Michael Byers told CBS 6 in an interview the behavior their son displayed in the video was consistent with how he acted during a crisis.

"Because of his condition, he was prone to delusional thoughts and hallucinations and paranoia," Michael Byers said. "Why didn't they bring a doctor in to try to de-escalate?"

"I could tell, like Mike said, the paranoia. There was a lot of anxiety. I could tell from his behavior, the way he talked to the people. It was quiet," Peggy Byers said.

Peggy said her son had actually been voluntarily admitted to Tucker Pavilion six months prior and questioned whether anyone checked his history for information about his mental health condition.

"It just could have been handled so much differently. We would have had a different outcome. He would be with us today if he had gotten the help he needed instead of been thought of as an annoyance or a problem or a bother," Peggy Byers said.

"Charlie was harmed by this system. He was not helped, and there were people there who could have helped him. Where were they?" Michael Byers said.

Peggy Byers said, "I always wonder, would it have been different if I had been able to stay with him, if I had not complied when they said you need to go. If I had insisted, what would they have done? I could have sat with him. I just feel like if someone had been there as his advocate, as he was going through all of this, it would have been so different."

She added, "The last time that I ever saw him was on Wednesday, July 5. And then we thought he was being taken care of only to find out three days later that he's been killed."

Byers shot and killed by Chesterfield Police - July 8

Byers went before a Richmond magistrate the evening of July 5 on an assault charge, and the magistrate released Byers on his own recognizance.

According to Richmond Police Chief Rick Edwards, the arresting RPD officer did not tell the Richmond magistrate that Byers was under an active TDO because he did not know Byers was under a TDO.

Though a Richmond magistrate initially issued Byers' TDO, a spokesperson for the magistrate system said magistrates generally only consider the information given to them by the defendant and law enforcement when making a bail determination.

A day and a half after his release, the afternoon of July 8, Byers would end up half a mile from his house in Chesterfield County, attempting to break into houses, according to Chesterfield Police.

His parents believe he was trying to get home.

Chesterfield Police officers would respond and ultimately shoot and kill Byers after they said he advanced at officers and did not comply with orders to drop a hatchet.

Byers' TDO ordering him to be in a psychiatric facility for mental health treatment was still in effect at the time of his death.

"My mind just wanders to that scene of him on that street and those two officers-- and one officer firing six rounds into his torso. But our faith tells us he's in heaven now and we will join him soon," Michael Byers said.

Seven months following the shooting, on February 6, Chesterfield County Police completed its criminal investigation into the shooting and handed over its findings to the Chesterfield Commonwealth's Attorney's Office.

When asked for an update on the case, a spokesperson for newly elected Commonwealth's Attorney Erin Barr said, "We have no update at this time."

Byers Family Sues

Byers' family has filed a $35 million lawsuit against HCA Healthcare and Richmond Police claiming violation of patient rights, negligence, unlawful arrest, and excessive force.

The complaint, filed by attorney Paul Curley in federal court, alleged that the RPD officer and nurse worked together to "fabricate" an assault charge so that they could remove him from the hospital.

The complaint also claimed that Chippenham Hospital uses Richmond Police as security to "manage psychiatric patients," while expressly excluding law enforcement officers from its written policies related to the use of force and use of restraints.

Defendants have since responded, requesting that the suit be dismissed.

Lawyers for HCA claimed the defendants' actions were in accordance with the law and did not cause Byers' death.

"The events that followed Mr. Byers' removal from [Chippenham] are the sole and proximate causes," HCA's court filings stated.

Defendants said they had no control over the magistrate's decision not to order Byers be taken back to Chippenham Hospital or the events that transpired between Byers and Chesterfield Police.

HCA's response also stated that law enforcement decided to arrest Byers "in accordance with HCA policies."

The motion to dismiss stated that the RPD officer's decision to do so was supported by evidence and justified. Despite the allegations in the complaint, HCA insisted that the kick "in fact occurred" and was not fabricated.

Hospital Under Investigation

Following Byers' death, state and federal government investigations were launched into Chippenham Hospital – one for the Department of Behavioral Health and Developmental Services (DBHDS) and another for the Centers for Medicaid and Medicare Services (CMS).

DBHDS, the state agency that licenses psychiatric facilities, cited the hospital with 17 violations of state regulations.

The agency found the hospital failed to provide evidence that it conducted an assessment of Byers' health and safety needs before admission.

The hospital also failed to document his diagnoses, psychiatric needs, medical problems, current medications, past substance abuse and co-occurring mental health disorders, or behaviors that would put him at risk to himself or others, according to the investigation.

In addition, the inspection revealed that the hospital failed to produce a discharge summary upon Byers' release from the facility. According to the investigation, the hospital said it did not complete one because Byers was discharged "against medical advice."

The Virginia Department of Health, which is investigating on behalf of CMS, said its investigation is still ongoing.