Family Of Black Man Killed In Police Custody Settles With VA, Sheriff

RICHMOND, VA — The family of Irvo Otieno, a 28-year-old Black man who authorities said was smothered to death when as many as ten sheriff's deputies piled on top of him at a Virginia mental hospital, reached an $8.5 million settlement with the state and the county and sheriff whose deputies were involved in restraining him.

Attorneys for the Otieno family, including prominent civil rights lawyer Ben Crump and co-counsel Mark Krudys, announced Wednesday that a judge approved a wrongful-death settlement between the family and the County of Henrico, the Commonwealth of Virginia, and the Henrico County Sheriff.

"The family is pleased that they were able to find a resolution outside of court in a manner that honors Irvo's life," attorneys said in a statement.

Seven Henrico County deputies and three hospital workers were charged with second-degree murder in Otieno's death after surveillance video from Central State Hospital released by prosecutors showed the moment Henrico County sheriff's officials dragged him into a hospital admissions room in handcuffs and leg irons to the several minutes during which he was restrained on the ground before his body went limp.

An autopsy conducted by the Virginia Office of the Chief Medical Examiner determined that the cause of death was asphyxia, while the manner of death was ruled a homicide.

"My son was treated like a dog, worse than a dog," Otieno's mother, Caroline Ouko, told The Washington Post following his death. "I saw it with my own eyes in the video. He was treated inhumanely, and it was traumatic, and it was systemic."

Charges against two of the hospital employees were later dropped.

The settlement agreement said the state, county and the sheriff did not admit any liability and denied their actions caused Otieno's death, but agreed to collectively pay the $8.5 million 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, recognizing that no settlement can take the place of a loved one."

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.

It includes a payment of about $5 million to Otieno's mother and siblings after paying funeral and burial expenses and attorney fees of over $3 million.

Otieno, who emigrated from Kenya as a young child, was experiencing mental distress during 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.

He was first taken into police custody on March 3, when he was transported to a local hospital for mental health treatment under an emergency custody order.

The Associated Press contributed to this report.

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