The family of Irvo Otieno is once again urging the U.S. Department of Justice to open a criminal investigation into his death last year. Otieno’s mother Caroline Ouko and attorney Mark Krudys renewed their appeal Monday outside the U.S. District Courthouse at 701 E. Broad St.

“We bring this case today to your doorstep,” said Ouko, joined by supporters, employees of Krudys’ law firm and Henrico NAACP President Monica Hutchinson. “We believe only you have the capacity and resources to successfully prosecute all those originally indicted in my son’s death. Accountability matters.”

Otieno died while in custody at Central State Hospital in Dinwiddie County, as he was being restrained by seven Henrico County sheriff ’s deputies and three hospital workers on the hospital floor for around 11 minutes.

 Irvo Otieno
 

The press conference came days after Krudys and Benjamin Crump’s law firms sent a four-page letter to the Department of Justice and the FBI on Friday requesting an investigation. It also followed a four-day trial for former Central State employee Wavie Jones weeks earlier that ended with a Dinwiddie jury acquitting him of his role in Otieno’s death

Ouko, Krudys and Crump have twice previously made an appeal to the DOJ to investigate the death. The previous request came in May after Dinwiddie Commonwealth’s Attorney Amanda N. Mann withdrew charges leveled against five deputies as part of an effort to ensure what she said was a better trial order.

“The current elected commonwealth’s attorney does not find the order to be sound and competent prosecutorial decision making,” Mann’s motion for the withdrawal reads. “The order in which the defendants are tried is of strategic importance to the Commonwealth.”

Mann’s handling of the charges and trials were a major focus of the letter and the press conference. Krudys,

Crump and Ouko took her and her team to task for not using video evidence available and a lack of preparation, resources and experience.

They also criticized how Jones’ defense characterized Otieno and his behavior during his mental health crisis, as well as the selection process and racial composition of the jury, with those who expressed sympathy to mental illness or had even minor connections to Black Lives Matter removed from consideration.

“All we wanted was a fair trial where the resources on each side would be the same and there’d be similar vigor going forward so that the truth would percolate to the surface,” Krudys said. “That did not occur, and that’s why we’re here and that’s why we’re calling on DOJ once again to get involved.”

The office of U.S. Attorney Jessica Aber, who runs the Department of Justice office for Eastern Virginia, has not responded to the request, and declined to comment in response to inquiries by the Richmond Free Press.

In a statement provided to the Richmond Free Press in the hours following the Jones trial verdict, Mann confirmed she intended to continue handling the remaining charges for sheriff’s deputies Brandon Rodgers and Kaiyell Sanders.

Sanders appeared in court Wednesday for a status hearing and will return for another on Oct. 30.