RICHMOND, Va. -- The death of Irvo Otieno, a 28-year-old man whose death in March 2023 while in custody at a state mental hospital, led to legislation passing at the General Assembly that could make a difference make for other families dealing with a loved one in a mental health crisis.
"That is the fire under my belly," Caroline Ouko, Irvo Otieno's mother, said. " I cannot stay home and be comfortable.
Ouko reflected on the work that has been accomplished in the year since the death of her son, which she admits has been trying at times.
"But, when I think about the promise that I made to my son, that is the least I could do," she said.
That work included coming to the Virginia State Capitol and pushing for laws that could have helped her son.
"I do that because I do not want another young man or woman or anyone in that same situation," Ouko said.
Irvo's Law, which was championed by Republican Gov. Glenn Youngkin, aims to ensure access for loved ones of people in a mental health crisis.
"Please know how deeply sorry we are for your loss. The system failed you. The system failed Irvo," Youngkin previously said. "And we're going to work together to fix it."
That access is something Ouko said she was denied during Otieno's last time at the hospital.
The bill was approved unanimously by both chambers.
"We just need to make sure that we continue to listen not only to individuals that work in this building, legislators and so forth," Sen. Lamont Bagby (D - Henrico), who carried the legislation in the Senate, said. "But those individuals that are in the community that are going through crisis, I think we can learn the most. And that's when we come up with our best ideas."
"I think what it says is that a tragedy of this magnitude, where we see a solution, where you see an answer — everybody's on the same page. Yeah, we can do better," added the House sponsor Del. Rodney Willett (D - Henrico). "This is just one piece of a very large equation we're looking at. We still as a state, as a commonwealth, we're not doing everything we need to do for folks in the behavioral health spectrum."
Otieno's loved ones said they have been watching other legislation and support one to give time to find alternative transportation for people in crisis other than law enforcement. They had supported the original language of a bill that would have prevented assault or assault of a law enforcement officer charges against someone in a mental health crisis.
The bill has since been amended to focus on legal protections in court, which the bill's sponsor said makes it stronger.
"We're mainly working to make sure that we have the right level of proof and the right items that a family or an individual can bring forward for the for the judge to consider," Del. Vivian Watts (D - Fairfax) said. "This bill allows...for law enforcement to take the action that is necessary. But, then make sure that the family that the individual have a way to present to the judge what the circumstances were and the tie to neurological, developmental, autism, even Alzheimer's."
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Allan-Charles Chipman, a friend who helped produce songs with Otieno, said he was relieved the bill still will protect family member when they make it to their court case.
"But so many people do not make it to their court case," Chipman said. "And so we're looking to carry that in its original wording next year."
The family is working with officials in Henrico County to fully implement the Marcus Alert System, which links 911 and regional crisis call centers. It also "establishes a specialized behavioral health response from law enforcement when responding to a behavioral health situation."
County officials said they will release more details on this next week, but say they have submitted their plan to do so to the state for approval.
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"It looks like there's the winds are, are moving in the in our favor," Allan-Charles Chipman said. "We will continue to build that coalition to bring that new system and that new process to bear in honor of Brother Vo."
Otieno's family pledged to continue to advocate for mental health reform in Virginia.
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