The family of a Kenyan man Irvo Otieno who died after being pinned to the ground in handcuffs and leg irons for 12 minutes at a Virginia mental health facility in US has agreed to a Ksh1.2 billion settlement.
Attorneys representing Irvo Noel Otieno’s family announced the settlement was agreed to on September 19, according to Henrico County Circuit Court records.
In addition, the family, through its lawyers Ben Crump and Mark Kurdys, filed a lawsuit against the state, county, and sheriff.
“The family is pleased that they were able to find a resolution outside of court in a manner that honors Irvo’s life,” the family’s attorneys Ben Crump and Mark Kurdys said.
Similarly, the Kenyan family of 28-year-old Irvo Otieno sued the commonwealth of Virginia, Henrico County and the Henrico County Sheriff after his death in March 2023.
Through the office of the Chief Medical Examiner of Viginia, it ruled the case as a homicide by asphyxiation.
Further, the 28-year-old’s cause of death was officially ruled as, “positional and mechanical asphyxia with restraints,” the medical examiner’s office confirmed.
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However, the family said Otieno was amid a mental health crisis when he was being processed at the hospital.
How Irvo Otieno met his death
On March 3,2023 Henrico County police officers responded to a possible breaking in and encountered Otieno.
Also, officers and the county’s crisis intervention team placed Otieno under an emergency custody order after interacting with and observing him, police said.
Under Virginia law, a person may be placed under an emergency custody order if there are concerns, they may harm themselves or others because of mental illness.
Again, 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.
Three days later, Otieno was transferred to the mental health facility in Dinwiddie County where he died during the admission process.
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State police investigators were told Otieno became “combative” and was “physically restrained” during the intake process, the attorney’s office said in a statement on March 14.
Otieno 28, however met his death on March 6 when seven Henrico County Sheriff’s deputies and three Central State Hospital employees restrained him on the floor of an intake unit at the Dinwiddie County state hospital.
Dinwiddie Commonwealth’s Attorney Ann Cabell Baskervill said deputies “smothered” Otieno to death after they pinned him face down for 12 minutes.
Settlement Agreement
A statement issued as part of the settlement agreement and stated, “The defendants are not admitting any liability and deny their actions caused Otieno’s death but agree to pay $8.5 million (1.2 billion shillings).
Otieno family lawyers Ben Crump and Mark Kurdys said through a statement that the family is settled with the agreement.
“We are pleased that they were able to find a resolution outside of court in a manner that honors Irvo’s life,” the statement reads.
