RICHMOND, Va. -- A state government agency paid nearly $900,000 in public funds on legal services to defend a former hospital employee against criminal charges that were connected to the death of Irvo Otieno.
The Virginia Department of Behavioral Health and Developmental Services is the agency that oversees the public psychiatric facility Central State Hospital where Otieno died on March 6, 2023.
It's also where Wavie Jones worked as a security employee.
Surveillance video from inside the hospital showed Jones, along with other staff and Henrico sheriff's deputies, restraining Otieno on the floor of an admissions room for up to 12 minutes leading up to his death.
Prosecutors in Dinwiddie, who are also representatives of the state government, initially charged Jones with second-degree murder and later reduced the charge to involuntary manslaughter.
They accused Jones of forcefully pressing down on Otieno while he was in a dangerous prone position until he could no longer breathe.
But Jones' defense attorneys with the Ram Law Firm rejected those claims. They presented expert witnesses who disputed the state medical examiner's determination that Otieno died from positional and mechanical asphyxia with restraints.
They argued that Otieno died of a sudden cardiac event.
After a four-day trial concluding in early October, a jury found Jones not guilty.
Through a Freedom of Information Act request, CBS 6 has learned that the Department of Behavioral Health and Developmental Services (DBHDS) paid the Ram Law Firm a total of $872,238.24 for legal services concerning Jones' defense between June of last year and September of this year.
DBHDS spokesperson Lauren Cunningham said the department paid the legal bills using natural savings from vacant positions that are currently unfilled, but she added the agency is not holding positions from recruitment to create savings.
Cunningham said DBHDS will sometimes receive reimbursements for legal costs, but no such action has been taken in this specific case.
Mark Krudys, a legal representative of the Otieno family, called the $872,238.24 figure a "stunning amount" and said it underscored his belief that there was a disparity in resources between the defense and the small prosecutor's office in Dinwiddie.
“They were just out-resourced in connection with the matter, and our fear is that they will be out-resourced again," Krudys said. "All we wanted was a fair trial where the resources on each side would be the same and there'd be similar vigor going forward."
During a press conference earlier this week, Krudys called the prosecution's performance during the trial a "lackluster effort" and said they failed to utilize video evidence, did not humanize Otieno, and lacked urgency and interest in the case.
That's part of the reason why the Otieno family is once again calling on the Department of Justice to conduct a federal investigation of Otieno's death and potentially take over the criminal prosecution.
Doug Ramsuer, of the Ram Law Firm which represented Jones, has dismissed claims that the prosecution lacked resources, adding that they had access to the local sheriff's department, state police, medical examiner's office, and other state agencies.
"Combating the unlimited resources of the state for eighteen months takes enormous amounts of time and effort. Every innocent person charged with a crime deserves nothing less than the most vigorous and competent defense available," Ramseur said in a statement to CBS 6 on Friday.
He added, "The truly “stunning amount” is the more than 3.3 million dollars that the law firms of Ben Crump and Mark Krudys received from the civil settlement."
The Otieno family and their attorneys received a settlement of $8.5 million from the state, Henrico County, and Henrico Sheriff in the wake of Otieno's death.
"They should stop complaining that an innocent man received too much justice," Ramseur said.
While addressing reporters moments after Jones was found not guilty earlier this month, Ramseur commended the state government for helping with Jones' case.
“I want to thank the agency for Central State Hospital, the Department of Behavioral Health and Developmental Services, and Commissioner Nelson Smith, who gave their support to a low-level employee who got wrongfully charged with murder. And they said, 'You know what, he was a state employee, and we're going to make sure he gets representation,'" Ramseur said.
CBS 6 also spoke with a criminal defense attorney not involved in this case to get her opinion on the costs of the defense's services.
She said while it's a large number, criminal defense attorneys have to work extra hard to research, investigate, and gain access to information that is more easily obtainable by prosecutors.
Additionally, she said it's expensive to hire expert witnesses.
During the trial, the defense presented three experts that were paid between $300-$500 per hour, according to their testimonies.
The prosecution only presented one expert, a doctor with the state medical examiner's office, who said she was not paid to testify.
CBS 6 reached out to Dinwiddie Commonwealth's Attorney Amanda Mann asking if she utilized any additional state resources or funds in prosecuting this case, and she has not responded.
This is a developing story. Email the CBS 6 Newsroom if you have information to share.
