DINWIDDIE COUNTY, Va. — A Dinwiddie County judge has signed to essentially drop the remaining charges against two Henrico sheriff's deputies charged in the death of Irvo Otieno.
Kaiyell Sanders and Brandon Rodgers are the last two men awaiting trial and lawyers representing them said they are not surprised by the move made by Dinwiddie's top prosecutor, Amanda Mann to nolle-prosse their charges.
Prosecutor moves to essentially drop cases in Irvo Otieno death
"I've been with this case since the very beginning and it’s had problems since the very beginning," said attorney Ed Riley who represents Sanders. "It’s just a terrible situation but the evidence and the truth have come out."
Jeff Everhart who represents Rodgers said once the jury found a former Central State employee also charged in Otieno's death not guilty, it was only a matter of time before his client got the same ruling.
"I believe the Commonwealth made the wise choice, the right choice," said Everhart. "The fact that a case took three and half days give or take to try, to present the evidence, to do closing arguments, and then a jury comes back in 20 minutes with a not guilty, I think is the most telling thing about this."
The court documents filed by Mann say that, “given the jury's verdict in the first case the result is likely to be the same” and that the Commonwealth “is charged with doing the right thing even when that is an unpopular thing."
Both Riley and Everhart feel previous prosecutor Ann Baskervill jumped the gun when charging 10 people with second-degree murder.
"We are all terribly sorry that he passed and extend our condolences to his family, nonetheless this case was brought to quickly," Everhart said.
"It wasn't properly fully evaluated because I think if it had, I don't think any charges would have been brought," Riley said.
According to an article written by Bill Atkinson for the Progress Index, Baskervill, who gave the case to Mann in 2023 after leaving to study in Europe, said she feels dropping the charges was not the right decision.
She said Mann's decision shows a “fundamental misunderstanding” of prosecuting cases and a “lack of empathy” toward the victim and his family.
Dinwiddie's Commonwealth Attorney Amanda Mann responded saying she wasn't in her role when these charges were brought but it was her job to analyze the evidence brought before her.
She issued the following statement:
"On Friday, November 1, 2024, the Office of the Dinwiddie County Commonwealth's Attorney filed motions to nolle prosequi (withdraw) the charges in the above-referenced cases. The motions were granted by the Dinwiddie County Circuit Court and are included with this news release as the documents are a matter of public record filed with the Dinwiddie County Circuit Court Clerk's Office.
The Commonwealth pursued this resolution after a thorough review of the law and evidence in both cases, along with careful consideration of all aspects of the jury trial in the related case of Commonwealth vs. Wavie Jones. The jury swiftly found Mr. Jones not guilty in early October, concluding a 4-day trial which provided a comprehensive prosecution and defense. This is not the verdict we sought, but we respect the jury's decision and appreciate the jurors' service to Dinwiddie County. We encourage others to do the same as citizens serving jury duty support fairness in criminal justice in communities everywhere.
While the citizens have spoken in the death of Irvo Otieno, I, as the elected Commonwealth's Attorney, am also responsible for doing so through the prosecutorial decisions I make. I was not involved in seeking charges in this. matter, but resolving the cases became my duty and responsibility nearly a year ago and I committed to the vigorous prosecution of the cases. Following the trial, it was incumbent upon me to re-evaluate the remaining 2 cases. That work included focusing on the physical and testimonial evidence presented on the record in open court during the trial. Ultimately, the sum total of that evidence presentation led me to determine there is not a legally appropriate path forward with Commonwealth vs. Kaiyell D. Sanders and Commonwealth vs. Brandon E. Rodgers; therefore, I am ethically required to seek the withdrawal of charges.
Please know I well understand this is additional difficult news for Mr. Otieno's family and friends, who have suffered great loss. I sympathize with them and continue to pray for their peace and comfort."
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