HENRICO COUNTY, Va. -- Henrico County Sheriff Alisa Gregory declined to release her department's restraint protocols citing safety and security concerns after CBS 6 submitted a public records request for them in the wake of Irvo Otieno's death.
Seven Henrico sheriff's deputies were charged with second-degree murder in connection to Otieno's in-custody death at Central State Hospital in Dinwiddie County, Virginia.
Surveillance video of Otieno's death appeared to show seven Henrico Sheriff's deputies and three Central State Hospital employees pushing down on Otieno's back while he lay face-down on the ground. He was restrained by handcuffs and leg shackles at the time.
Former Richmond Sheriff C.T. Woody previously told CBS 6 restraining someone in a face-down position is a dangerous practice that many sheriff's departments did away with decades ago.
“The worst thing you can do is have anyone on their face and press down on them," Woody said. “You need to be on your back because you want him to get air. There might be too many people around him.”
CBS 6 wanted to know if Henrico's policy allowed for the use of prone restraint, but Sheriff Gregory denied our request for that information.
Civil litigation lawyer Leslie Winneberger is representing Gregory and said the department's restraint protocols are exempt from mandatory disclosure under Va. Code 2.2-3705.2(14).
"This provision allows the Sheriff to withhold information contained in operational, procedural, tactical planning, or training manuals that reveal personnel deployments or operational or transportation plans or protocols, the disclosure of which would jeopardize the safety or security of any person. These materials, therefore, are exempt from disclosure pursuant to Va. Code §§ 2.2-3705.2(14) and 2.2-3706(B)(5) of the Code of Virginia," Winneberger wrote in an email.
Virginia's Office of the Chief Medical Examiner said Otieno's cause and manner of death remained pending.
Dinwiddie County Commonwealth's Attorney Ann Cabell Baskervill has said Otieno died from asphyxiation.
Depend on CBS 6 News and WTVR.com for in-depth coverage of this important local story. Anyone with more information can email newstips@wtvr.com to send a tip.
