Caroline Ouko, Irvo Otieno's mother, said, “We shouldn’t have to wait for justice.”
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Attorney's say a recent resignation makes local resources inadequate to prosecute the case.
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Seven Henrico Sheriff’s deputies and one hospital employee still face second-degree murder charges.
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State Sen. Joe Morrissey is contending with political pressure over his centrist voting record on abortion.
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By state law, they assert, the 28-year-old should’ve stayed at Parham Doctors’ Hospital.
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In a statement, the family’s attorneys said the report reinforces images of video footage.
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The 28-year-old Black man was killed in police custody at Central State Hospital on March 6 during a mental health crisis.