Attorneys weigh in after last charges dismissed in Irvo Otieno case
DINWIDDIE COUNTY, Va. (WRIC) – Attorneys on both sides of the Irvo Otieno case are sharing opinions about the judge approving the prosecutors' motion to drop the remaining cases in connection to his in-custody death. Irvo Otieno died on March 3, 2023 at Central State Hospital in Dinwiddie County while in the custody of Henrico County Sheriff's deputies. ALL COVERAGE: Death of Irvo Otieno On Friday, Nov. 1, Dinwiddie County Commonwealth's Attorney Amanda Mann filed a motion to drop the criminal charges for former deputies Kaiyell Sanders and Brandon Rodgers. 8News spoke with the defense attorneys for Sanders and Rodgers, both of whom said they agreed with the court's decision. "I think this is the right result -- it's just it's a shame it took so long to get here," said Edward Riley IV, Sanders' attorney. "There are lessons to be learned from this. Yes, certainly by the institutions. And how do you deal with what is really a worst-case scenario?" PREVIOUS: Report calls for changes after finding ‘cascade of systemic failures’ led to Irvo Otieno’s death "I think the Commonwealth made the wise call," said Jeffrey Everhart, Rodgers' defense attorney. "I think they made the right call. ... I think the truth came out at the Wavie Jones trial. That case was weak, weak, weak." On the other hand, Otieno's family attorney told 8News that Otieno's mother does not believe justice was given in her son's case. Mann's decision to file comes about a month after a jury found former Central State worker Wavie Jones not guilty of involuntary manslaughter after less than 30 minutes of deliberation. PREVIOUS: ‘Faceless in his own trial,’ Irvo Otieno’s loved ones urge Commonwealth to fight harder following first day of trial Jones, Sanders and Rodgers were the three remaining suspects facing this lesser charge after 10 people were originally charged with murder. According to the motion, Mann said that "after careful examination of the facts and the law in this case, the Commonwealth is of the opinion that given the jury's verdict in the case [of Wavie Jones,] the result is likely to be the same given parallel evidence for all charged." 8News spoke with legal expert Steve Benjamin to get his perspective on this. "The prosecutor was doing exactly the right thing by taking that verdict into consideration, looking back at the evidence that she had in deciding what was the right thing to do -- because the prosecution's job is to pursue justice, to do the right thing, even when it's, as she herself said, the unpopular thing," Benjamin said. The judge approved the motion on the same day it was filed and now there are no more active cases in connection to Otieno's death. The defense attorneys for Rodgers and Sanders told 8News that their clients are pleased with the judge's decision. PREVIOUS: ‘We don’t want to break people,’ Lawmakers, advocates make recommendations after Irvo Otieno’s death "I called Brandon after I got the call from the Commonwealth's Attorney and it was clear in his voice that he was very relieved," Everhart said. "Even though we thought it was a weak case, you just never know." "His life's been on hold and he [was] accused of murder and then manslaughter," Riley said. "Now, the charge has been dropped. He can now move forward and try to make peace with what's happened the last year and a half."
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DINWIDDIE COUNTY, Va. (WRIC) – Attorneys on both sides of the Irvo Otieno case are sharing opinions about the judge approving the prosecutors' motion to drop the remaining cases in connection to his in-custody death.
Irvo Otieno died on March 3, 2023 at Central State Hospital in Dinwiddie County while in the custody of Henrico County Sheriff's deputies.
ALL COVERAGE: Death of Irvo Otieno
On Friday, Nov. 1, Dinwiddie County Commonwealth's Attorney Amanda Mann filed a motion to drop the criminal charges for former deputies Kaiyell Sanders and Brandon Rodgers.
8News spoke with the defense attorneys for Sanders and Rodgers, both of whom said they agreed with the court's decision.
"I think this is the right result -- it's just it's a shame it took so long to get here," said Edward Riley IV, Sanders' attorney. "There are lessons to be learned from this. Yes, certainly by the institutions. And how do you deal with what is really a worst-case scenario?"
"I think the Commonwealth made the wise call," said Jeffrey Everhart, Rodgers' defense attorney. "I think they made the right call. ... I think the truth came out at the Wavie Jones trial. That case was weak, weak, weak."
On the other hand, Otieno's family attorney told 8News that Otieno's mother does not believe justice was given in her son's case.
Mann's decision to file comes about a month after a jury found former Central State worker Wavie Jones not guilty of involuntary manslaughter after less than 30 minutes of deliberation.
Jones, Sanders and Rodgers were the three remaining suspects facing this lesser charge after 10 people were originally charged with murder.
According to the motion, Mann said that "after careful examination of the facts and the law in this case, the Commonwealth is of the opinion that given the jury's verdict in the case [of Wavie Jones,] the result is likely to be the same given parallel evidence for all charged."
8News spoke with legal expert Steve Benjamin to get his perspective on this.
"The prosecutor was doing exactly the right thing by taking that verdict into consideration, looking back at the evidence that she had in deciding what was the right thing to do -- because the prosecution's job is to pursue justice, to do the right thing, even when it's, as she herself said, the unpopular thing," Benjamin said.
The judge approved the motion on the same day it was filed and now there are no more active cases in connection to Otieno's death.
The defense attorneys for Rodgers and Sanders told 8News that their clients are pleased with the judge's decision.
"I called Brandon after I got the call from the Commonwealth's Attorney and it was clear in his voice that he was very relieved," Everhart said. "Even though we thought it was a weak case, you just never know."
"His life's been on hold and he [was] accused of murder and then manslaughter," Riley said. "Now, the charge has been dropped. He can now move forward and try to make peace with what's happened the last year and a half."
