Ann Baskervill reflects after Dinwiddie drops Otieno case

main prosecutor Irvo Otieno murder investigation He said he was not surprised that his successor chose not to sue There are also charges against the remaining two defendants in the case.

Former Dinwiddie state attorney Ann Cabell Baskervill Amanda claimed Nicole Mann’s decision showed a “fundamental misunderstanding” of the prosecution of cases and a “lack of empathy” for the victim and her family. Baskervill also defended his handling of the case but said he did not feel his initial work was wasted by the outcome.

“No, not at all,” Baskervill told The Progress-Index over the weekend. “It was crucial that I presented the charges on behalf of the state and that I did so quickly and transparently. “I won’t change anything I do.”

Last Friday, Mann filed a petition in Dinwiddie District Court to not file charges against Henrico deputies Kaiyell Sanders and Brandon Rodgers in the March 6, 2023 death of Otieno, a mentally ill 28-year-old from Henrico County. Otieno died after a total of 10 people, including seven MPs and three security guards, used their collective weight to lay him face down on the floor of the Central Government Hospital admission unit after he claimed he resisted the restraint.

The verdict came a month after Dinwiddie’s jury waited 20 minutes. acquit former security guard Wavie Jones for involuntary manslaughter and a month before Sanders was due to go to trial.

It also brought down the curtain on the state level at its peak, when Baskervill charged 10 suspects with second-degree murder with a direct warrant, a little-known legal route that allows prosecutors to appoint a judge rather than a magistrate judge. Confirm orders. Last May, Mann charges dropped Ruling against five of the eight defendants and reducing the charges against Sanders, Rodgers, and Jones from second-degree murder to involuntary manslaughter.

Before Baskervill resigned At the beginning of the process of studying in Europe, dropped murder charges He filed charges against the two defendants he deemed least culpable in Otieno’s death.

He worked the case ‘until the end’

Baskervill, who will complete 18 months of international policy studies in Paris later this year, told The Progress-Index he was following developments in the case. However, he declined requests for a media interview because he did not want to do anything to hinder or jeopardize the investigation. But because he was so invested in the case, Baskervill said, he began withdrawing from pursuing the case shortly after Mann’s action last spring.

Before resigning, Baskervill said he made sure those who followed him in the job were airtight.

“I stayed in the office until I moved to Europe, working every day to make sure I left a complete case file with witnesses lined up, completely ready for trial,” he recalled. “It was important for a government actor (in this case me) to do this to promote justice, public safety and public trust for Irvo.”

Baskervill said Friday’s decision “causes a lot of sadness and disappointment.”

“On a personal level, I care deeply about mental health issues,” he said. “When I saw it coming, I couldn’t get out of bed for a while and only prayed and meditated for months afterwards. “I think of Irvo and his family every day, and I think of the families who are rightfully afraid to call for help in a crisis because they cannot trust the response, and I share their pain with great empathy.”

From a professional standpoint, Baskervill criticized the decision to reduce the charges.

“This is not an appropriate charge. The evidence does not support that charge,” he said. “It supports second-degree murder. I know the evidence as well as anyone, and if I had heard it as a juror, I could not have convicted him of manslaughter, even though I would have wanted to convict him of something, This was not the crime committed, but the accusatory change reflected a fundamental misunderstanding of prosecution under Virginia criminal law, along with and in addition to a lack of empathy for Irvo and others similarly situated.

“I am not an amateur. I speak as someone with a great deal of experience in murder cases, having studied with Richmond’s best, having received specialized training, and having taught throughout the state. “You need to have good people on juries.”

Attempts to reach Mann for comment on the progress of the case were unsuccessful.

Is there a message from the decision?

Asked whether the decision sends a message that law enforcement is above the law they are sworn to uphold, Baskervill said, “No one can legitimately enforce the law without being subject to the law.” He said this also applied to those in custody, especially those like Otieno who had mental problems, and based this on feedback he received from inmates after making the accusations.

“They’re suffering because I’m suffering,” he said. “The feedback I received from inmates after making the accusations opened my eyes to the fear and abuse of many experiences. “Vulnerable people are the ones who need equitable prosecutors the most.”

Otieno’s case attracted media attention across the country due to its similarities to George Floyd’s death in 2020. Floyd died of suffocation in Minneapolis while a police officer put his knee on Floyd’s neck and pinned him to the pavement. The death sparked national demonstrations against perceived racial disparity in justice and was one of many that prompted Virginia and other states to scale back public commemorations of anything to do with slavery and the Confederacy during the Civil War.

Although the outcome was not what he wanted, Baskervill said there would be many positive outcomes from the prosecution of the case, especially the speedy conclusion of the investigation. $8 million settlement A lawsuit filed by the Otieno family against the Henrico sheriff’s office and the state of Virginia. Otieno’s mother, Caroline Ouko, said authorities allege that when she took her son to a Henrico hospital three days before his death, they were denied access to him for treatment and took him out of the emergency room without seeing him and took him to jail.

Also coming into force this year is “Irvo’s Law,” which requires anyone experiencing a mental health issue to have a family member or caregiver present during emergency medical treatment.

Baskevill also said he thought the initial investigation “sets a fundamental precedent” for future prosecutions of cases where mentally ill patients die while in police custody.

“Everyone is equal before the law,” he said. “Prosecutors fight every day to protect vulnerable people, including those in government custody. “Do not expect protests or riots demanding that the government take reasonable and appropriate action on their behalf.”

He wants the feds to get involved.

Baskervill said he supports the Otieno family’s repeated calls to the Department of Justice take the case and link it to federal civil rights violations.

“There is nothing stopping them from investigating and prosecuting here, and I urge them to do so,” he said. “I stand behind the compelling case that has already been made. “And I know federal officials can remove a lot of the additional layers here as well.”

He said he personally has feelings for Ouko and Otieno’s brother, Leon Ochieng. He vowed to continue his fight for justice while continuing his career after returning to the US

“I wish I could do more for Irvo in Dinwiddie, but I promise to honor Irvo’s memory with every fiber of my being as I move into the national and global arenas,” he said. “Caroline and Leon are the most inspiring people I have ever met.”

Bill Atkinson (he/she/his) is an award-winning journalist covering breaking news, government and politics. You can reach him at [email protected] or @BAtkinson_PI on X (formerly Twitter).

This article was first published in The Progress-Index: Former prosecutor Otieno speaks out about dropping charges