DINWIDDIE, Va. — Seven sheriff’s deputies and three staff of a psychiatric hospital in Virginia can’t all be tried collectively within the demise of a person who was pinned to the ground whereas being admitted, a decide dominated, whereas leaving open the potential for joint trials for a number of the defendants.
Dinwiddie Circuit Judge Joseph Teefey Jr. on Wednesday granted requests from two Central State Hospital staff to be tried individually from the opposite defendants. It stays unclear whether or not the remaining eight defendants will stand trial collectively. During a court docket listening to, the decide didn’t rule out making an attempt a few of them on the identical time.
Lawyers for the 2 hospital staff argued it could be unfair to require their purchasers to face trial with a number of the different defendants, together with sheriff’s deputies who had a extra lively position in restraining Irvo Otieno, 28. All 10 defendants are charged with second-degree homicide in Otieno’s demise March 6.
Rhonda Quagliana, an lawyer for hospital safety guard Sadarius Williams, argued in court docket papers that Williams’ participation “was markedly different and does not support a conviction for second-degree murder.”
Teefey granted the request by Williams to be tried individually from the opposite defendants and granted an analogous request from an lawyer for hospital worker Darian Blackwell. The Washington Post reported that attorneys for the 2 males stated they’d comply with be tried collectively.
During earlier hearings and in statements, attorneys for a number of of the defendants have argued that Otieno was combative and that the deputies had been making an attempt to restrain him. They have stated their purchasers had been positioned close to Otieno’s ft through the restraint and didn’t understand he was having bother respiratory.
Video from the hospital reveals varied members of the group trying to restrain Otieno – who was in handcuffs and leg shackles – for about 20 minutes. For most of that point, Otieno was on the ground being held down by a bunch that at one level appeared to incorporate 10 individuals.
An post-mortem decided Otieno died of asphyxia whereas he was in handcuffs and steel leg restraints and held to the ground for about 11 minutes.
In a movement searching for to carry a single trial for all 10 defendants, Dinwiddie Commonwealth’s Attorney Ann Cabell Baskervill argued that they “acted together” and ought to be tried collectively.
The household of Otieno, who was Black, has stated he was brutally mistreated whereas he was experiencing a psychological well being disaster, each on the hospital and whereas in legislation enforcement custody for a number of days earlier than that.
The household is being represented by Ben Crump, a outstanding civil rights lawyer who additionally represented the household of George Floyd and has stated Otieno’s remedy has parallels to Floyd’s killing by Minneapolis police in 2020.
Content Source: www.washingtontimes.com