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Dinwiddie commonwealth's attorney who brought charges in Otieno case resigning at the end of June

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DINWIDDIE COUNTY, Va. — The prosecutor who brought charges against 10 law enforcement and hospital staff members for the death of Irvo Otieno is resigning.

Ann Cabell Baskervill, the elected Commonwealth's Attorney for Dinwiddie County, will leave her post effective June 21.

"The origin of this comes from last summer, so I had a traumatic brain injury after a series of concussions, and the last one I was knocked unconscious,” Baskervill explained in an exclusive interview with CBS 6’s Wayne Covill.

Elected in 2015, Baskervill took a leave of absence and lost her law license for several months.

"So I applied to the Paris School of International Affairs to study for a Master’s Degree in International Governance and Diplomacy, and I got in,” said Baskervill, who s said accepted the admissions offer on March 4 — just two days before Otieno’s death.

The 28-year-old man was pinned to the floor as he was being admitted to a state-run psychiatric hospital in Dinwiddee. The Virginia Office of the Chief Medical Examiner ruled Otieno’s death a homicide due to "positional and mechanical asphyxia with restraints."

Baskervill made what many consider a bold move in charging 10 people with second degree murder in the case.

“I'm so profoundly grateful for being in a situation, in the position where I was able to have a role in the inception of seeking justice for this horrendous tragedy and failure,” Baskervill said.

The prosecutor claims the Otieno family has known she would not be seeking re-election in November, and thus would likely not be the trial attorney.

“I have great personal sorrow for leaving and I know, unfortunately, that it brings a lot of disappointment to the family and to the community."

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Mark Krudys, an attorney for the Otieno family, and civil rights attorney Ben Crump issued the following joint statement Friday saying Baskervill told the family that she plans to "pursue other endeavors."

"Ms. Baskervill had promised Irvo Otieno’s mother, Caroline Ouko, that those who killed her son would be vigorously prosecuted. Who will do that now?

"The family prays that the in-custody murder of a young African-American man in the midst of a mental health crisis is not disregarded by the leaders of the Commonwealth.

"The family awaits word from Governor Youngkin as to the resources that will be brought to bear in pursuit of justice in this matter."

It is unclear who will succeed Baskervill. Virginia law provides for the County Board of Supervisors to petition the Court and request someone be appointed its Commonwealth Attorney if there is a vacancy within six months of Election Day.

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