Was Irvo Otieno’s death the result of suffocation due to improper restraint during a mental health crisis, or a heart attack brought on by pre-existing conditions and physical struggle?

This question lies at the heart of a five-day trial that began Monday in Dinwiddie County, where Wavie Jones, a former Central State Hospital worker, faces charges for his role in Otieno’s death.

Jones was among the workers at Central State Hospital who assisted Henrico County sheriff’s deputies in restraining Otieno for around 11 minutes when he was brought to the facility last year. Otieno’s arrival followed days in police custody after a neighbor called police about a mental health crisis Otieno was experiencing.

 Irvo Otieno
 

Otieno died in custody due to “positional and mechanical asphyxia with restraints,” according to State Medical Examiner Jennifer Bowers. Video of his final moments, restrained on the hospital floor, sparked nationwide outrage.

The incident also led to new legislation on mental health crisis response and an $8.4 million settlement for his family.

For the jury trial, Commonwealth’s Attorney Amanda Mann laid out an argument that Jones’ actions not only contributed to Otieno’s death, but also violated CSH policy. She and other lawyers have worked to bolster this argument through witness testimonies and items provided to the jury.

This includes the security camera footage of Otieno’s death and photos of his body and the wounds and bruises he sustained while restrained. The sights and details were enough to bring Otieno’s mother Caroline Ouko to tears multiple times as she sat along with family and friends in court.

“Wavie Jones was negligent in the way he restrained Irvo,” Mann said. “It was contrary to his training, it was contrary to his orders.”

“Irvo Otieno was in a mental health crisis and instead of treatment, he left in a body bag.”

Attorneys defending Jones, meanwhile, acknowledged the tragedy of Otieno’s death while attempting to absolve their client from any wrongdoing. They’ve stressed his qualities as a hospital employee before his resignation, while also emphasizing Otieno’s aggressiveness and combativeness while in custody using testimonies, documentation and video.

“Wavie acted to help, not to hurt,” said Emilee Hasbrouck, representing Jones alongside Doug Ramseur. “Because that’s who he is, Wavie is a helper.”

Jones echoed this argument when he testified during the hearing Wednesday, saying that he attempted to keep Otieno secured but safe when trying to restrain him, and described Otieno as not only a danger to himself but not the deputies and hospital staff, according to reports.

The defense also has argued that Otieno’s death was caused not by asphyxiation, but a “sudden cardiac event” due to his obesity, enlarged heart, high blood pressure and fighting the hospital staff and deputies according to a report.

Witnesses in the trial so far have included special agents for the Virginia State Police, CSH staff and some of the deputies and a hospital worker originally charged for Otieno’s death.

Bowers also took the stand Tuesday, reportedly, with defense lawyers attempting across nearly two hours to discredit her assessment of Otieno’s death. Doctors called up by the defense also disagreed with her examination and conclusion during the Wednesday hearing.

Jones is the first of three defendants who are set to be in court over their roles in Oteino’s death, alongside Sheriff’s Deputies Brandon Rodgers and Kaiyell Sanders.

Seven deputies and three CSH workers were originally charged with second degree murder for their roles in Otieno’s death.

Over the months, however, most of the defendant’s charges have been dropped and the original charges downgraded to involuntary manslaughter.

The charges also have gone through three different Dinwiddie commonwealth’s attorneys, each one changing the state of the charges and trials in some way.

Further changes came before the trial itself. Multiple prospective jury members were removed for having connections to the Black Lives Matter movement, expressing sympathy for those with mental health needs and concerns over excessive force by police.

The trial continues on Thursday and Friday.