State Paid $872,000 to Defend Acquitted Employee in Controversial Otieno Death Case

The lawyers who successfully secured the acquittal of Wavie Jones—one of three defendants on trial for the death of Irvo Otieno—received a whopping $872,000 in payments from the state of Virginia. The figure was released by the Department of Behavioral Health and Development Services (DBHDS) in response to a records request from the Richmond Times-Dispatch.

Otieno, who died in March 2023 while in the midst of a mental health crisis, was at Central State Hospital, a facility managed by DBHDS. Jones was represented by Doug Ramseur and Emilee Hasbrouck, criminal defense attorneys from the Ram Law Firm in Richmond.

According to payment records shared by DBHDS, the state made 18 regular payments to the firm, starting shortly after Otieno’s death. A notable $174,000 payment was made on Oct. 4, the day after Jones was acquitted following a four-day jury trial in Dinwiddie County. An additional $178,000 is pending, according to the records.

“I want to thank the agency for Central State Hospital, the Department of Behavioral Health and Development Services, and Commissioner Nelson Smith, who gave their support to a low-level employee who got charged with murder,” said Ramseur, addressing the media on the steps of the Dinwiddie courthouse after the trial. “They said, you know what, he got wrongfully charged with murder and we’re going to make sure he gets representation.”

Jones was among 10 individuals initially charged by then-Dinwiddie Commonwealth’s Attorney Ann Cabell Baskervill following Otieno’s death. The charges stemmed from allegations that Otieno was restrained for 12 minutes while shackled and handcuffed on the floor of the hospital’s admission suite.

Ramseur and Hasbrouck argued Jones’s innocence by challenging the state’s medical examiner, who determined Otieno’s death was a homicide caused by asphyxia. The defense suggested an alternative explanation: that Otieno suffered a sudden cardiac event due to pre-existing conditions. The jury deliberated for just 20 minutes before delivering a not guilty verdict.

The trial saw contrasting approaches from the prosecution and defense. Amanda Mann, the newly elected Dinwiddie Commonwealth’s Attorney, led the prosecution with a team of two junior attorneys. However, courtroom procedural mishaps, including a missed opportunity to challenge the defense’s juror selections, may have hindered their case.

On the other side, Ramseur and Hasbrouck were supported by legal aides who presented a slideshow of evidence, including previously unseen video footage of Otieno’s arrest. One clip, showing Otieno pacing naked in a jail cell the day before his arrest, was especially controversial, with Otieno’s mother, Caroline Ouko, condemning it as a “racist narrative.” The defense team was further bolstered by national jury consultant Jeffrey Frederick, who was present throughout the trial.

Despite the acquittal, the Otieno family continues to seek justice. On Monday, their lawyer stated that Mann was “outresourced” during the trial and urged the U.S. Department of Justice to pursue charges against the original 10 defendants under federal civil rights law. However, the department, led by U.S. Attorney Jessica Aber, has yet to comment on the case.

Two more defendants, Kaiyell Sanders and Brandon Rodgers, both Henrico County sheriff’s deputies, remain on trial. Sanders has been described as “the most culpable,” with footage purportedly showing him striking Otieno in his Henrico jail cell.

The Otieno family previously reached an $8.5 million wrongful death settlement with the state, Henrico County, and the sheriff’s office, bringing a semblance of closure to the legal proceedings surrounding this tragic case.

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