DINWIDDIE COUNTY, Va. — A Dinwiddie County judge signed basically, drop the remaining fees 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 the attorneys representing them said they were not surprised by the decision by Dinwiddie’s lead prosecutor, Amanda Mann, not to pursue their charges .

Prosecutor decides to drop charges over Irvo Otieno’s death

Prosecutor decides to drop charges in Irvo Otieno’s death, court records show

“I’ve been handling this case since the very beginning and it’s had problems since the very beginning,” said attorney Ed Riley, who represents Sanders. “It’s a terrible situation, but the evidence and the truth have been revealed.”

Jeff Everhart, who represents Rodgers, once said the jury also found a former Central State employee. accused of Otieno’s death, not guiltyit was only a matter of time before his client got the same ruling.

“I think the Commonwealth made a wise choice, the right choice,” Everhart said. “The fact that a case took three and a half days to try, to present the evidence, to make closing arguments, and then a jury comes back in 20 minutes with a not guilty verdict, I think that’s the most revealing thing about this case.

Court documents filed by Mann state that “given the jury’s verdict in the first case, the result will likely be the same” and that the Commonwealth “is charged with doing what is right, even if it is unpopular.”

Riley and Everhart believe former prosecutor Ann Baskervill jumped the gun by charging 10 people with second-degree murder.

“We are all terribly sorry for his passing and extend our condolences to his family. However, this matter was resolved quickly,” Everhart said.

“It wasn’t properly evaluated because I think if it had been, I don’t think any charges would have been filed,” Riley said.

According to an article written by Bill Atkinson for Progress Index, Baskervill, who handed the case over to Mann in 2023 after leaving to study in Europe, said she felt dropping the charges was the wrong decision.

She said Mann’s decision demonstrated a “fundamental misunderstanding” of the prosecution and a “lack of empathy” toward the victim and her family.

Dinwiddie’s Commonwealth’s Attorney, Amanda Mann, responded by saying it was not her role when these charges were filed, but it was her job to analyze the evidence presented before her.

She released the following statement:

“On Friday, November 1, 2024, the Dinwiddie County Commonwealth’s Attorney’s Office filed motions for nolle prosequi (withdrawal) of the charges in the cases noted above. The motions were granted by the County Circuit Court of Dinwiddie and are included in this new release because the documents are part of the public record filed with the Dinwiddie County Circuit Court Clerk’s Office.

The Commonwealth adopted this resolution after a thorough review of the law and evidence in both cases, as well as careful consideration of all aspects of the jury trial in the related case Commonwealth v. Wavie Jones. The jury quickly found Mr. Jones not guilty in early October, concluding a four-day trial that provided a full prosecution and defense proceeding. This is not the verdict we were seeking, but we respect the jury’s decision and appreciate the service provided to the jurors in Dinwiddie County. We encourage others to do the same, as citizens serving jury duty support criminal justice fairness in communities around the world.

Although citizens have spoken out on the death of Irvo Otieno, I, as the elected Commonwealth’s Attorney, also have a responsibility to do so through the prosecutorial decisions I make. I was not involved in seeking charges in this case. but resolving these cases became my duty and responsibility almost a year ago and I am committed to vigorously pursuing these cases. After the trial, it was up to me to re-evaluate the two remaining cases. This work included focusing on the material and testimonial evidence presented in the case in open court during the trial. Ultimately, the sum total of this presentation of evidence led me to determine that there was no legally appropriate course in Commonwealth v. Kaiyell D. Sanders and Commonwealth v. Brandon E. Rodgers; therefore, I am ethically obligated to request the withdrawal of the charges.

Please know that I understand that this is additional difficult news for Mr. Otieno’s family and friends, who have suffered a great loss. I sympathize with them and continue to pray for their peace and comfort. »

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