Motion filed to withhold evidence ahead of Dinwiddie grand jury meeting on death of Irvo Otieno

Posted at 6:44 PM, Mar 20, 2023
and last updated 2023-03-20 18:44:48-04

DINWIDDIE COUNTY, Va. -- The day before the Dinwiddie Commonwealth's Attorney planned to release video of the moments leading up to the death of Irvo Otieno, it was announced there will be motions hearing in circuit court to withhold evidence.

CBS 6 is working to confirm that the evidence that is asking to be withheld is the video footage of Otieno.

The grand jury in Dinwiddie County will meet on Tuesday to hear the case against seven Henrico County Sheriff's deputies and three employees at Central State Hospital about their involvement in the death of Otieno.

The grand jury meeting on Tuesday will be made up of five to seven Dinwiddie County citizens.

Ten people, including sheriff's deputies and hospital staff, are charged with second-degree murder in Otieno's death.

On Thursday, Otieno's family watched the video of him dying inside a state-run psychiatric hospital, which happened on March 6. Dinwiddie County Commonwealth's Attorney Ann Cabell Baskervill told the Richmond Times-Dispatch that the footage would be released to the public following the blessing of Otieno's family.

Attorneys for the family described the video to reporters as 12 agonizing minutes of deputies pushing down and smothering Otineo, a Black man whose arms and legs were restrained.

“You can see that they’re putting their back into it. Every part of his body is being pushed down with absolute brutality,” family attorney Mark Krudys said.

Prosecutors said Otieno, 28, didn’t appear to be combative and was sitting in a chair when he was pulled down by officers.

The 12-minute video also showed a lack of urgency to help Otieno after the deputies determined “that he was lifeless and not breathing," Krudys said.

This is a developing story, so anyone with more information can email to send a tip.

Depend on CBS 6 News and for in-depth coverage of this important local story. Anyone with more information can email to send a tip.



Watch 'The Jennifer Hudson Show' weekdays at 3 p.m. on CBS 6!

📱 Download CBS 6 News App
The app features breaking news alerts, live video, weather radar, traffic incidents, closings and delays and more.