Family of Black man 'smothered to death' by police agree to $8.5m settlement

23 September 2023 , 14:01

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Family of Black man 'smothered to death' by police agree to $8.5m settlement

The family of a Black man who was "smothered to death" by the police has agreed to a $8.5million (£7million) settlement in their lawsuit against the state, county, and sheriff.

Irvo Otieno, 28, died after being handcuffed and pinned to the floor by sheriff's deputies and medical staff members for about 11 minutes at a mental health facility earlier this year. The victim was placed under an emergency custody order when Henrico County police officers responded to a possible burglary on March 3.

Under Virginia law, a person may be placed under an emergency custody order if there are concerns they may harm themselves or others as a result of mental illness. Mr Otieno was taken to a hospital, where authorities said he became "physically assaultive" towards officers.

Irvo Otieno died in March (The Krudys Law Firm)

Police took him to Henrico County Jail before Mr Otieno was transferred to the mental health facility in Dinwiddie County on March 14. He died during the intake process after becoming "combative", according to the state's attorney.

Disturbing CCTV footage shows multiple security officers pinning the man to the ground for 12 minutes. Prosecutors said additional video showed he had previously been kept in a holding cell at Henrico County Jail, where he was naked and pepper-sprayed by deputies.

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Surveillance video shows Mr Otieno pinned to the ground by multiple deputy sheriffs and hospital staff

His death was ruled a homicide by asphyxiation. Ten defendants were indicted on second-degree murder charges, but charges against two of the hospital employees were later dropped.

Otieno's family has said he had a long history of mental health problems and was struggling to breathe while he was being held down. Some of the defendants' lawyers have said that Otieno was combative and they were simply trying to restrain him.

Mr Otieno died in custody while he was being transferred from a jail to the mental facility

The settlement agreement says the state, county, and the sheriff have not admitted any liability and deny that their actions caused Otieno's death, but have agreed to collectively pay the $8.5m to Otieno's family and their attorneys. Macaulay Porter, a spokeswoman for Gov. Glenn Youngkin, said Wednesday the governor pushed for a settlement "with the hope that doing so proactively and fairly might alleviate – in a small way – some of the suffering that Irvo's mother and brother faced, recognising that no settlement can take the place of a loved one."

Attorneys for Otieno's family, including prominent civil rights attorney Ben Crump and Virginia attorney Mark Krudys, said in a statement the family "is pleased that they were able to find a resolution outside of court in a manner that honors Irvo's life." While the statement from Crump and Krudys referred to the settlement as "confidential", its terms were outlined in a signed order on file at the Henrico County Circuit Court.

The family were awarded a $8.5million settlement (AP)

It includes a payment of about $5million (£4million) to Mr Otieno's mother and siblings, after the payment of funeral and burial expenses and attorneys fees of over $3 million (£2.4million). Mr Otieno, who emigrated from Kenya as a young child, was experiencing mental distress at the time of his initial encounter with law enforcement in suburban Richmond in early March, days before he was taken to the state hospital, his family has said.

Otieno was remembered at his funeral, where the eulogy was delivered by the Rev. Al Sharpton, as an empathetic, energetic and well-respected friend, teammate and musical artist. Ben Sheppard, a spokesman for Henrico County, said in a statement Wednesday: "Henrico County continues to offer its heartfelt condolences to the family and friends of Mr. Otieno."

Chiara Fiorillo