DINWIDDIE COUNTY, Va. -- The trial of Wavie Jones, one of three men charged in connection with the death of Irvo Otieno at Central State Hospital began Monday.
Jury selection was completed Monday morning and opening arguments got underway Monday afternoon for Jones, who faces an involuntary manslaughter charge in the death of Otieno.
Otieno died in March 2023 while in custody at the state-run mental hospital, shortly after being transported from the Henrico County Jail during a mental health crisis.
The court and jury heard from several eyewitnesses, including hospital employees who were in the admission room when Irvo Otieno died while surrounded by deputies and hospital staff.
Prosecutors are attempting to prove that Jones, a former security worker at Central State, is guilty of involuntary manslaughter. His defense argues that he is not responsible at all and did nothing wrong.
In the courtroom, Dinwiddie Commonwealth’s Attorney Amanda Mann’s first statement to the jury was: “A mental health crisis should not be a death sentence.”
Mann claims Jones was one of many to pile onto Otieno — putting a total of 1,000 pounds of pressure on his body, causing him to suffocate to death.
She argues Jones placed both his hands on Otieno, applying vigorous force and shoving his head down to the floor as Otieno laid on his stomach. However, defense attorneys argue Otieno was actually on his side.
The prosecution played surveillance video showing the moments leading up to Otieno's death, but defense attorneys said the video is hard to examine because it only shows one angle and does not include any sound.
Prosecutors say Jones ignored Otieno’s pleas for help, and witnesses say they heard Otieno crying out for his mother during the struggle.
Mann says Jones acted contrary to hospital policies and training by participating in a prone restraint which is expressly prohibited per hospital policy and can lead to sudden death.
Defense attorneys argue Jones did not violate any policies because he had a duty to intervene to protect Otieno from hurting himself or others, adding Henrico deputies asked for help with restraining Otieno.
Several hospital staff, including Jones' supervisor, who took the stand say they did not observe Otieno physically strike or kick anyone while in the facility. Some of those employees still described him as aggressive and combative while at least one witness said Otieno was not aggressive or threatening.
Defense attorneys plan to introduce a video of Otieno in the days leading up to his arrival at Central State that they say will prove he was violent and dangerous.
CBS 6 reporter Tyler Layne spoke to Otieno's family following Monday's hearing. They pushed back on the defense's claims that Otieno was aggressive, saying it was a symptom of his mental health crisis.
"Irvo's mental health was criminalized and today in that court, the words that we heard them use -- dangerous aggressive combative right?" Otieno's mother Caroline Ouko said. "They are still trying to criminalize him even after he was pinned on the ground and killed."
The family also hopes in the coming days that prosecutors will humanize him in the courtroom by showing his photo, which they did not do on Monday.
Contrary to the medical examiner’s determination that Otieno died of asphyxia, the defense claims he actually suffered a cardiac death.
The trial is expected to last throughout the week and both sides will continue to introduce new evidence and witnesses.
Initially, seven Henrico County deputies and three hospital workers faced second-degree murder charges, but the new Dinwiddie Commonwealth’s Attorney has since withdrawn the cases against all but three defendants and reduced the charges to manslaughter.
Jones, who was an employee at Central State Hospital, is the first of the defendants to stand trial.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
