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Trial begins next week for ex-Central State Hospital worker charged in death of Irvo Otieno

Irvo Otieno
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DINWIDDIE COUNTY, Va. -- On Monday, the trial begins for one of three people charged in the death of Irvo Otieno, the Henrico County man who died at Central State Hospital on March 6, 2023.

The first defendant to go on trial is Wavie Jones, a former Central State Hospital worker, who faces one count of involuntary manslaughter.

The trial is scheduled for five days.

Otieno's case drew national attention as Otieno had been in the midst of a mental health crisis that started several days earlier at his Henrico County home and ended on the floor of Central State. Surveillance video showed Henrico sheriff's deputies and hospital workers holding Otieno down on the floor for nearly 12 minutes beforehand.

The medical examiner ruled he died "positional and mechanical asphyxia with restraints" and said the manner of death was a homicide.

WATCH: The push for change after Irvo Otieno died in custody amid mental health crisis

The push for change after Irvo Otieno died in custody amid mental health crisis

Two deputies, Kaiyell Sanders and Brandon Rodgers, face the same charge as Jones. The charges for all three were reduced from second-degree murder earlier this year and follow charges being withdrawn against seven others.

"I think this is a tough case to judge," said CBS 6 Legal Analyst Todd Stone about the trial. He added that video will play a big role for both sides.

Body-worn camera video from Henrico Police and surveillance video from the Henrico Jail and Central State Hospital provides a visual timeline from the initial March 3, 2023 call in Henrico to Otieno's time in the hospital, jail, and Central State.

Stone said each side will try to get the jury to interpret what they see in those videos differently.

"Are they acting out of anger, aggression, frustration with this individual? And, if so, that tends to suggest involuntary manslaughter," said Stone. "If they're acting in self-defense and trying to protect themselves, then that is something that tends to mitigate."

In order to do that, Stone said they will likely focus on different video.

The judge had granted a pre-trial motion from Jones' lawyers to attempt to submit evidence during the trial of self-defense by their client and Otieno's past violence. Included in that motion was a video from when officers responded to Otieno's home, the hospital, and the jail showing struggles between them and Otieno and the latter making threats towards them.

WATCH: Video shows Irvo Otieno pinned to floor before his death

Video shows Irvo Otieno pinned to floor before his death

"The defendant is going to try to show these prior acts of aggression from the victim and they're going to make a claim that…look at the job these officers have. How difficult it is this person's fighting and you have a right to fight back using reasonable force."

Stone said the prosecution will likely focus on the surveillance video from Central State when deputies and staff held Otieno prone on the floor before his death.

"Because that's a position that where it's known to law enforcement that it makes it difficult to breathe in that position," said Stone. "This is all about negligence. It's not about an intentional homicide. The accusation is negligence."

The judge also ruled on motions to bar mentions in reports or testimony that include the medical examiner's ruling that Otieno's manner of death was a homicide as that is up to the jury to decide.

The judge also agreed to ban people from wearing insignia or tokens in the courtroom that might show support for someone involved in the trial. Prosecutors had opposed this saying it is something Otieno's friends and families had done so in pre-trial hearings and had always been appropriate and not distracting.

"The judge is thinking, 'Well, you know, what's the benefit of doing -- Of having them out there?' It can only negatively influence a jury," added Stone.

WATCH: Mother calls push for Irvo’s Law, ensuring family access to loved ones in crisis, 'fire under my belly’

Mother calls push for Irvo’s Law, ensuring family access to loved ones in crisis, 'fire under my belly’

If convicted, Stone said the maximum sentence Jones could face for the involuntary manslaughter charge is ten years, but added the maximum sentence is unlikely.

As for the other defendants, each will be tried separately. Sanders has his trial set for early December, while Rodgers' trial date has not been set.

CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.

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