attorneys and family describing otieno left naked in his jail cell, handled harshly in transport, and then during intake at the mental hospital, a brutal 11-minute pummeling where they say with restraints on, otieno is pushed off a chair, onto the floor, suffering the full weight and force of ten people on top of him >> you could see his hair being pulled, and you could see knees toward his head. it was excruciating to watch. >> reporter: the henrico police union says they're standing behind the deputies. an attorney for one says otieno was being combative at intake and had a history of mental illness incidents and says these charges are premature. >> i believe still they were doing their job and doing it the best they could. none of them are known as bullies. >> my son was treated like a dog, worse than a dog. i saw it with my own eyes on the video. >> catie, do we know if the video will be released publicly? >> reporter: well, lester, the commonwealth attorney here says that video is a key piece of evidence in their case and to preserve the integrity of the ongoing investigation, sh

on march 6,ivo otieno was having a mental health crisis.ttably, like so many other black people in america who have mental health issues, they are treated like medical issues. they are treated like criminal issues. and many times when they are confronted by the police, these mental health issues leads to them then sentenced to death, like we saw in this disturbing video of ivo. he was in a mental hospital, for god sake. isn't it foreseeable that people who have mental health issues come in a crisis and they are in the hospital, that they're going to have situations where they have crisis? so they should be able to deal with them without the person being killed. when you look at the video, he was handcuffed at his wrists, he had leg irons on his ankles, so he ped no threat to anyon not himself, not to the officers, or the hospital staff. you look a video, his bod seemed leless when they dragged him to thear and certainly when thedragged him into the room where we witness him being face down and seven sheriff's deputies and three security gua

otieno appearing to be handcuffed, his ankles in shackles. at first leaning him against a chair. minutes later, deputies and hospital staff file on top of him until about 4:40. otieno then seen unresponsive, chest compressions again. >> is the patient aggressive in or is he not? >> no, he used to be aggressive, right? so they're trying to put him in restraints. then eventually, he's no longer breathing. >> reporter: the emergency crew arrives at 5:08 and attempts to revive otieno, but by 5:48, it's too late. one defense attorney disappointed by the released videos saying it could taint a jury and saying his client had limited contact with otieno. >> to suggest that he in any way acted in concert quite frankly is a stretch of the imagination. >> reporter: but otieno's family haunted by unrelenting grief and the question. why? >> i find myself calling his name. >> reporter: federal defense attorneys for defendants in this case are not responding for comment. at last check, the seven deputies were placed on administrative leave, but the sheriff's office is not responding to our requ

authorities say otieno was at home and admits to a mental health crisis. after receiving a call he had been seen gathering solar powered lawn lights from a neighbor's yard and otieno's family and his attorneys say days later in custody during intake at a mental hospital in handcuffs and shackles that he was smothered to death by deputies. >> can someone explain to me why my brother is not here right now? can someone explain to me why my mother can't sleep, can't eat? we're broken. >> reporter: the area's top prosecutor saying he died from being piled on and couldn't breathe. >> it's just cruel and a demonstration of power that is unlawful. i mean, it killed him. >> reporter: thursday otieno's family and attorneys viewed footage from inside the jail and mental hospital where he later died. attorneys described him left naked in his jail cell handled harshly into transport and then during intake at the mental hospital a brutal 11-minute pummeling where they say with restraints on otieno is pushed off a chair onto the floor suffering the full weight and force

about eight minutes later, otieno appears to struggle. the deputies and hospital staff rush over and pin him to the floor. at one point, as many as ten people are seen pressing down on his body while other hospital staff look on. >> there's no pulse anymore. >> is the patient aggressive or is he not -- >> no. he used to be aggressive, right? so they're trying to put him in restraints. then he's no longer breathing. >> reporter: roughly 12 minutes later, otieno's body appears lifeless on the floor. hospital staff try to resuscitate him, but he's pronounced dead about an hour later. >> he loved his mother. i loved him too. >> reporter: today, otieno's mother called his death inhumane. >> i saw these nine men and a woman on top of my baby, squeezing him, squeezing him every inch of the way, literally squeezing the life out of him. >> reporter: otieno was detained on a mental illness hold on march 3rd. police say he assaulted hospital staff and was transferred to the county jail before being taken to the state hospital where he died. ten peop

the prosecutor saying today the deputies killed 28-year-old irvo otieno using excessive force in cruel fashion roughly a week ago. among the disturbing accusations allegedly caught on video, the seven deputies holding otieno down for 12 minutes, even as he's handcuffed. >> it's just cruel and a demonstration of power that is unlawful. i mean, it killed him. >> reporter: a preliminary cause of death -- asphyxiation. and the prosecutor says there is another video from before he was transported allegedly showing otieno being punched in the chest and pepper sprayed by three of the deputies. >> while he was in the cell alone, not posing a danger to anyone. >> reporter: the deputies are also accused of a coverup, with prosecutors claiming that they washed otieno's handcuffs and did not call the virginia state police to investigate for more than three hours after otieno died at the hospital. authorities say the henrico sheriff's deputies brought otieno to the hospital on march 6th at 3:58 p.m. to admit him as a patient. state investigators were told he became combative during the admission pr

for 12 minutes with otieno in handcuffs and leg irons. died of his fix, er suffocated as a result of that pressure allegations of a cover up intensifying deputies accused of washing handcuffs used to keep otieno under control, and those deputies allegedly failed to call state police. for 3.5 hours as his body lay in the hospital and the prosecutor says , when the hospital staff called 911, they suggested it was a cardiac arrest. hospital ought to know better, but it was the was central state that made that one college. and david tonight, sources tell us there is no final decision on whether that apparently disturbing and graphic video will ever be released. david thomas with us again. thank you, pierre. next tonight here will tiktok be banned in the us the apparent warning tonight from the us to tiktok's chinese parent company to sell it by the administration , concerned that your data could be turned over to the chinese government. let's get right to mary bruce tonight, mary, what have you learned? well, david, this is a major escalation

the 28-year-old otieno is brought into a room, shirtless, handcuffed, and wearing leg irons. the room steadily fills with deputies from the henrico county sheriff's dept. it's unclear why the situation escalates, but for 12 mite tnuh seven deputies and at least three members of virginia's central state psychiatric hospital push down on otieno. prosecutors say otieno could not breathe and was smothered to death.r day demanding justice. >> they are monsters. they are animals. what they did to m >> reporter: authorities suggesting a coverup. noting that it took 3 1/2 hours to call the virginia state police to investigate, and prosecutors say there was also a significant period of time between when otieno died and when someone called 911. tonight, listen to a portion of that 911 call. >> where is your emergency? >> emergencies here at central state hospital. >> for cardiac arrest? yes. >> reporter: but this apparently wasn't cardiac arrest and instead asphyxiation. prosecutor saysregardless, the 911 call was too late. here is the painful scene when a hospital staff member apparen

otieno then seen unresponsive. chest compressions begin. >> there is no pulse anymore. >> is the patient aggressive or -- >> he used to be aggressive, right. so they're trying to put him in restraints. then eventually he is no longer breathing. >> reporter: the emergency crew arrived at 5:08 and continues to attempt to revive otieno. but by 5:48, it's too late. one defense attorney disappointed by the released video, saying it could taint a jury and saying his client had limited contact with otieno. >> to suggest that he in any way acted in concert is a stretch of the imagination. >> reporter: but otieno's family haunted by unrelenting grief and the question why. >> i call his name every day, myself calling his name. >> reporter: several defense attorneys for defendants in this case did not respond to our requests for comment. at last check, the seven deputies were on administrative leave, but the sheriff's office not responding to comments tonight as well. lester? >> all right. catie beck, thank you. >>> californi

about 8 minutes later, otieno appears to struggle.ush over and pin him to the floor. at one point, as many as ten people are seen pressing down on his body, while other hospital staff look on. >> there is no pulse anymore. >> is the patient aggressive, or is he -- >> no, he used to be aggressive, right, so they are trying to put him in restraints. he is no longer breathing. >> reporter: roughly 12 minutes later, otieno's body appears lifeless on the floor. hospital staff try to resuscitate him, but he is pronounced dead about an hour later. >> he loved his mother, and i loved him, too. >> reporter: today, otien's mother called his death inhumane. >> i saw these nine men and a woman on top of my baby. squeezing him and squeezing him, every inch of the way. literally squeezing the life out of him. >> reporter: otieno was detained on a mental illness hold on march 3rd. police say he assaulted hospital staff and was transferred to the county jail before being taken to the state hospital, where he died. ten people are now charged with seco

. >> these charges come after seven deputies were charged earlier in irvo otieno's death.tally smothered him, holding him down for as long as 12 minutes. yesterday otieno's family were shown surveillance video of the moments leading up to his death. brian todd is live outside the county courthouse in virginia. brian, there are new charges, also the fact that the family saw that video. are there plans to release it to the public? >> reporter: erica, jim, there are no plans right now to release that video to the public, that's according to the prosecutor here, but that could change in the days ahead. as you mentioned, that family has now had a chance to view the security footage of irvo otieno's death, they did give us jarring details of what they saw in it and they said it was horrific to watch. three more people charged with second-degree murder in the death of 28-year-old irvo otieno in custody, all three are employees of the central state hospital mental health facility in virginia where otieno was taken on march 6th. that's in addition to seven sheriff's deputies also c

prosecutors say otieno could not breathe and was smothered to death. his mother today demanding justice. >> they're monsters. they are animals. what they did to my son was awful. >> reporter: authorities suggesting a coverup. noting that it took 3 1/2 hours to call the virginia state police to investigate, and prosecutors say there was also a significant period of time between when otieno died and when someone called 911. tonight, listen to a portion of that 911 call. >> 911, where is your emergency? >> hey, emergency is here at central state hospital. >> for a cardiac arrest? >> yes. >> reporter: but this apparently was not cardiac arrest, an instead asphyxiation. the prosecutor says regardless, the 911 call was too late. here is the painful scene when a hospital staff member apparently covers otieno's body with a white sheet. david, all ten suspects were formally indicted on charges of second-degree murder. and we're now getting a sense of the defense for some. one of the attorneys saying today that one of his clients did nothing wrong to stop that y

three employees of the central state hospital and seven sheriff deputies otieno's family says he was in the middle of a mental health crisis when he was handcuffed, shackled and smothered to death after being transported to a state mental hospital. the family furious >> he was smothered, they smothered my baby. >> reporter: on march 3 authorities placed otieno under emergency custody order which is used in cases of mental illness in response to report of a possible burglary. at the hospital police say he assaulted three officers and subsequently arrested and taken to jail where his family's attorney say he was left naked in a cell. three days later he was taken to a state mental facility where he suffered a brutal 11 minute beating. >> you could see his hair being pulled, knees toward his head, it was excruciating to watch >> reporter: prosecutors said in court that otieno died of asphyxia due to being smothered to death thanks to having at least acceptseven people on topf him. the police union is standing by the deputies >> i know the sure arsheriff is anxiousry watching it, but our

they failed irvo otieno.and my question is why didn't somebody speak up. >> reporter: now, there is an ongoing investigation into the chapters before that 11-minute section of video and the chapters afterwards. he was actually at the jail behind me before he was transported to that mental hospital and apparently the handling of some serious questions as well and then also after the incident at the hospital, after he had been pronounced dead, there was a substantial amount of time before the virginia state police were called in to investigate, typically when there's an in-custody death, the virginia state police arrive within minutes. this would have been hours. >> all right, catie beck for us, we thank you. let's go to south carolina if we can now where we have a new development in the unsolved death of a classmate of buster murdaugh. the son of convicted killer alex murdaugh. authorities have now publicly confirmed they are investigating the 2015 deaths of 19-year-old stephen smith as a homicide. all of this

there is no audio, and for much of the video otieno is not in full view.eputy seems to use his knee to restrain him. later he is turned on his side. a person appears to administer an injection, and then cpr. it is not clear exactly when he died or his official cause of death, but today seven deputies were indicted by a grand jury for second degree murder as were three hospital staffers. >> the victim in this case was not fighting back or anything. there was no legitimate purpose for holding him down on the ground. >> 911 calls show how a hospital staffer described the incident. >> used to be aggressive, right? so they're trying to put them in restraints. then eventually he didn't -- he's noenin longer breathing. they're doing cpr right now, and there's no pulse anymore. >> reporter: also just released, jail video that the prosecutor says shows otieno before he was transported to the mental facility. it shows commotion around the slot in the door of his cell. the prosecutor alleges otieno is handcuffed, yet even so pepper spray is sprayed through the door s

newly released video shows the disturbing moments leading up to the death of ivo otieno 10. people have now been indicted in this case, including medical workers. abc s justin finch is here now. new details. justin. good morning. and good morning. that video is from a psychiatric hospital, and we want to warn you. it's hard to watch. it shows officers in hospital workers dragging and holding down otieno for 12 minutes as he was cuffed and shackled. it's unclear why the situation escalated, but investigators are now suggesting a cover up, saying it took deputies 3.5 hours to call 911 dispatcher was told otieno suffered cardiac arrest when, in fact, prosecutors say he was smothered. her to death family says he was battling mental health issues. he was loved by everyone in the community. he was battling with his mental health, and he was trying. he cared about his his help, and he wanted to go to the hospital to get help. he didn't want to get in a squad car because he can tell the difference between a squad car and an ambulance squad car. you're going to jail and believes you'

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so many that at one point, you cannot see otieno at all. all ten suspects were formally indicted on second-degree murder charges on tuesday. but they have yet to enter their pleas. >> pierre thomas, thank you. in los angeles this morning, more than 400,000 students will be staying home again, strike shutting down schools for a second day. kayna whitworth has the latest. >> this morning the city of angels preparing itself for day 2 of a massive strike that is shutting down the second largest school district in the country. more than 60,000 school service workers including teachers, aides, bus drivers and cafeteria workers hitting the picket lines after their contract negotiations stalled. teachers supporting them in the three-day strike. >> we can't afford to pay our rent. >> the service union workers union, without a contract since 2020, is calling for higher wages and calling for the superintendent reportedly called their planned strike a circus. with more than 420,000 students in the district out of class, some parents concerned about the

otieno's family is being represented by civil rights attorney benjamin crump, who joins us now, alongh irvo's mother, caroline ouko. thank you both for being here. i am so sorry for what happened to your son and wtt abo? on>, does that strategy make sense, do you think? >> well, it would make sense if it was working, and it doesn't make sense, since it's not. it's better than havinglookwe've thought about this and we're prarmaepo om t svekemode ans fact that we have sanctionsisesh we can manipulate, and we're prepared tsesend yous a nic changes. nick: shld the u. be willing to adjust its exercises and itsy advances he creased whanerxietpl

family and friends of irvo otieno gathered for his funeral today at a virginia church. otieno, whose family said he long struggled with mental illness died earlier this month after he was pinned to the ground by sheriff's deputies and hospital workers who are now charged with his murder. >>> tonight there are growing >>> tonight there are growing conc [sfx: stomach gurgling] it's nothing... sounds like something. ♪ when you have nausea, heartburn, indigestion, ♪ ♪ upset stomach, diarrhea. ♪ pepto bismol coats and soothes for fast relief... when you need it most. dove 0% is different. we left aluminum out and put unbeatable 48 hours freshness and 1 quarter moisturizers... in. dove 0% aluminum deodorant. instantly dry feel and kind on skin. want luxury hair repair that doesn't cost $50? pantene's pro-vitamin formula repairs hair. as well as the leading luxury bonding treatment. for softness and resilience, without the price tag. if you know... you know it's pantene. dove 0% is different. we left aluminum out and put unbeatable 48 hours freshness and 1 quarter moisturizers

otieno's mouth, his head, all the wayq down tofá his toes.hat is, and prosecutors have alsoxd suggest açóçó cover-up. medical workers gave mr. otieno a sedative,t( but the prosecuto says this was after he was hc >> it's such a great question and a tragic question. how could a human being let another human being dou >> marissa parra and paulÑi butler, thank youq5a■ both very much. >>> in the fight of his political life, what french president macron had to say about that controversial pension bill as nationwide protests continue in france.$x■ we'll head to paris for the latest. >>> and joint war games, the u.s. and south korea launched their largest militaryçóe1 exer■ in five years. nbc news has been on the ground in the middle of the action. we've got a live report from seoul next. business. (dock worker) right on time. (vo) make it even smarter. we call this enterprise intelligence. think he's posting about all that ancient roman coinage? no. he's making real-time money moves with merrill. so no matter what the market's doing, he's ready. and

otieno is handcuffed yet.ven so, she says, pepper spray is sprayed through the door slot in that video. at any point. is he combative? is he resisting? not not that i could see frankly and at all six officers then enter the cell and the prosecutor alleges blows are delivered nearly 15. minutes later, he has carried out in handcuffs and deputies load him into an suv to drive him to the mental facility. an attorney for one charged deputy says the cause of death could have been something else like the injection and says, oh, tina was violent, aggressive and non compliant officers who were there. i had to go had to hold him and constrain him. given not only his resistance previously, but, um, arrogance earn for others around given his mental state. but thanos mother says that's not what the video shows my son was treated like a dog washed on a dog. i saw it with my own eyes on the video. only a couple of attorneys for the deputies and security guards charged have come out and commented specifically on the charges,

so then otieno is transferred with police to a hospital where he apparently according to this releaseecame combative with these officers and so then he was actually arrested and charged with basically -- basically charges relating to some sort of altercation with those officers. he was then brought to a jail and he remained in custody for three more days and what we've learned then is that during that time while he was in jail he was, again -- there was some sort of combativeness or distress that was happening where they were going to transfer him again to a hospital facility. again, three days later at 3:58 on that day, march 6, he was transported to this hospital, now three and a half hours later all we know is that the virginia state police were called in to investigate because otieno died in that custody. all we were told by a press release, officials, is that he died during the intake process. so many questions here. what exactly happened? we've reached out to the medical examiner's office to get an idea of when we might expect an autopsy to tell us what did he die from. there's

in the coming days, i will be eulogizing -- irvine otieno. to stay say it properly, the 28-year-old who died in police custody earlier this month at a mental health facility in virginia. and there were surveillance footage released tuesday with no audio, showing the man's final moments, as he's being pinned down to the ground, handcuffed, and shackled by a sheriff's deputy and staff for about 20 minutes. he was held down until his body was motionless and the staff began unsuccessful resuscitation. ten people involved in this incident have been charged with second degree murder and his death. joining me now is caroline ouko who is the mother of irvine otieno, and civil rights attorney general, black american ben crump. let me go to the mother first of all, and let me again talk -- we talked on the phone, give you my complete condolences and extreme sorrow for your loss. and when irvine was sent to a mental health facility, this is not what you expected to happen. can you describe the type of person irvine was and what type of support where you

otieno's mother caroline ouko, who moved to virginia with her family from kenya in the 1990's, said at a news conference tuesday her son was a sensitive and caring man who was failed by multiple institutions. >> with my friends behind me, with my community behind me, with mothers and fathers who are fearful for what might happen to the children aftersun what happened to my son, with young people who are going through mental distress and the world behind me, we will achieve justice for my son. amy: philadelphia has agreed to pay $9.25 million to over 340 protesters and residents who were subjected to excessive police force, including tear gas, pepper spray, and rubber bullets over two days of demonstrations in 2020 following the police murder of george floyd. the city will also award a half-million dollars to the bread and roses community fund for a grant that supports grassroots groups in philadelphia. as part of the historic settlement, the philadelphia police department will also withdraw from the 1033 lee so which grants u.s. military equipment to local law enforcement agencies. thi

we see at least one deputy putting his knee on irvo otieno's neck.or 12 minutes until the prosecutor says he died of asphyxiation. we also got recordings of 911 call that is were made that afternoon starting at about 4:40 p.m. from the hospital staff to try to get paramedics to the scene. take a listen. >> we need an emergency. what do you call this? an ems here at the hospital. the patient is a new admission. still in the admission unit. he's very aggressive. >> what building? >> building 39. it's a maximum security unit. >> they're doing cpr right now. there's no pulse anymore. >> is the patient aggressive or is he not -- >> he used to be aggressive. they're trying to put him in restraints. eventually he's no longer breathing. >> are they doing cpr? >> yes, they're doing it right now. >> and there are several points during these videos where you see hospital staff and others trying to perform cpr on irvo otieno in just a failed attempt to revive him. one other major development that happened a short time ago. the attorney for one of the deputies, h

. >> reporter: according to prosecutors, 28-year-old irvo otieno should not have died at central statee custody of enrico county sheriff's deputies. otieno was in custody after experiencing mental health distress and was later transferred to the hospital. dinwiddie commonwealth attorney ann baskerville says otieno was pulled down to the ground with several people on top of him, with no one assisting, no one blocking the others from having their hands on the victim, who then died of a 68 and by smothering. it is uncleared what triggered the altercation. but 12 minutes at issue were captured on hospital surveillance video and shown to the victim's family. but the tape has not been made far, seven deputies involved in the incident have been arrested, along with three hospital workers could. all have been charged with second-degree murder. today, the family called for justice. >> what i saw today was heartbreaking. america. my son was tortured. to put it right. i saw the torture. >> reporter: the ten people arrested have not yet entered please, but two of the deputies have been released on

. >>> there is surprising controversy over the death of 28-year-old irvo otieno after the "washingtonnce footage of virginia sheriff deputies and medical staff piling on top of him before his death three weeks ago. we want to warn you this is difficult to watch. in footage the "post" says begins about 4:19 p.m. march 6, deputies drag otieno, who you can see is in handcuffs and leg irons, into the admissions room of a state mental health facility. the "post" reports that about 11 minutes later, otieno appears to make a movements and officials bear down on him. up to ten people then hold him down for a total of 11 minutes according to the "post." investigators say the suspect we're told had been combat difference. the "washington post" says they obtained the video yo from a link in a court document. nbc news does not know how the footage was edited. david henderson, civil rights attorney, is joining me. looking through this, through a prosecutor's lens, what do you see in this video? >> basically what you see is someone who is being put through the intake process of a hospital administr

. >> reporter: prosecutors say atati atie otieno died after being restrained for several minutes. >> the knee on his neck. the weight of seven individuals on his body. wheel he's facedown, handcuffed, with leg irons. >> reporter: otieno was arrested on march 3rd, when police say they responded to a burglary call next to his home. his mother says she pleaded with the police. >> they pulled him off treatment. took him to jail. didn't take him down with any medicine. >> reporter: after a weekend in jail, where prosecutors show otieno was pepper sprayed, punched and mistreated, he was brought to the facility on march 6th. he is not posing a threat to them. he's not violent or aggressive with them. in court, an early glimpse of the potential defense. >> the ongoing issues they had been having with this individual with regards to his disorderly conduct, with regards to his aggression, with regards to his raaz dance. >> reporter: his family says he needed help. what do you want to see happen to these deputies? >> justice. >> i would like them put away, if you ask me, for life. that they don

all three are employees of the central state hospital mental health facility in virginia where otieno was taken on march 6, that is in addition to seven sheriff deputies already charged with second-degree murder. >> they smothered the breath out of my baby. >> reporter: his family how now seen video of the fatal incident. >> at what stop do we stop preserving life, at what point do we consider mental illness a crime? >> reporter: prosecutors say otieno died of asphyxiation after being held down for 11 or 12 minutes. >> restrained so brutally with a knee on his neck, the weight of seven individuals on his body while he is face down, handcuffed with leg irons. >> reporter: otieno was arrested on march 3 after police say that they responded to a burglary call next door to his home and took him to the hospital for evaluation where he became, quote, physically assaultive. his mother said she pleaded with police. >> took him off treatment, took him to jail, didn't take him with any medicine. >> reporter: after a weekend in jail where video shows he was pepper sprayed, punched and mistreated

marissa, what was the response from otieno's family in terms of this video being released?ething that they actually wanted the public to see, right? >> reporter: exactly. i mean when we know that his family watched it for the very first time last week, they said that they were tortured by the sight of it, obviously watching their beloved family member take his last moments on this earth. but they said they felt it was something the public needed to see. >> i want justice for my son. i want those monsters, those animals that treated him so wrong and squeezed the life out of him, i want them brought to justice, and with every breath that i've got, as long as i have life in me i will work towards that. >> reporter: and you can hear the emotion in her voice, the range of emotion from hurt, anger, sadness, anguish, and she says she is using that on her quest to get justice for her son. ellison, yesterday when we talk about the reaction, we know that those indictments came down all at once, all ten people, seven deputies and three hospital staff indicted with second degree murder

family and friends of irvo otieno gathered for his funeral today at a virginia church.ys he long struggled with mental illness, died earlier this month after he was pinned to the ground by sheriff's deputies and hospital workers who are now charged with his murder. tonight, there are growing concerns over artificial intelligence and the new calls to pause the ai tech race. that's next. is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different. up at 2:00am

otieno, who -- according to his family - had struggled wh mental heah issues for years, was reportedlyental health crisis at the time of his arrest, following a burglary call. silent hpital video captures the final minutes of his life. multiple deputies and hospital staff hold a shackled and handcuffed otieno down on the ground, law enforcement alleged he was acting aggressively. h loses consciousness, and hospital staff try to revive him. but he never recovers. 7 deputies and 3 hospital employees have been indicted on second degree murder charges. attorneys for at least two of the deputies have maintained they are innocent, and attorneys for some other defendants, said the release of the video could prejudice potential jurors. the man's family is being represented by civil rights attorney benjamin crump, who joins us now, along with the man's mother caroline ouko. ,thank you. i'm so sorry for what happened to your son and we are grateful to taken the time to speak with us about this. can you telesales little bit about your son? >> he was my baby. he was my baby. he was a smart young m

>> reporter: otieno was aevident ared march 3rd after police say they responded to a burglary call nextil where prosecutors say video shows otieno was pepper sprayed, punched and mistreated he was brought to the central state mental facility on march 6th, where authorities allege he became combative. >> in the videos are never confrontational with them. he is not posing a threat to them . >> ultimately some staff as well on top of them. no one assisting. >> reporter: in court this week an early glimpse of the deputies' potential defense. one lawyer citing this. >> the ongoing issues that he had been -- that they had been having with this individual with regards to his disorderly conduct, with regards to his aggression, with regards to his resistance. >> reporter: but his family says what he needed was help. >> what do you want to see happen to these deputies? either of you. >> justice. i would like them put away if you ask me for life. that they don't see the light of day again. what they did to my son was horrific. horrific. >> reporter: we've reached out to the central state hospital

out of virginia, where a grand jury indicted ten people today in connection with the death of irvo otieno. he died at a hospital surrounded by police and hospital staff earlier this month. and now there is new surveillance video of the minutes before his death obtained by "the washington post." a warning, it is difficult to watch. the post says it found this video by clicking on drop box links listed in public filings. nbc news was not able to immediately -- marissa parra is in virginia today. the grand jury just released the indictment. what do we know? >> reporter: busy day in virginia here. we know that all ten have been indicted. that is the seven deputies and the three hospital employees. and that video has been at the center of this from the very start and as we warned you, it is graphic or it can be difficult to watch. before i get to the reaction to the video, i want to tell you what we have learned since we have been able to see it. this is nine minutes that we were able to watch of 27 we're told from the state hospital, but you see a lot of employees, you have the three hospital

this is a story we were telling you about last week, the young man 28 years old irvo otieno died latereen charged with second-degree murder. >> cnn's brian todd is in virginia covering this for us. brian, this video we're told disturbing. what can be learned from it? >> reporter: john and erica, what you can see in this video is kind of a dramatic kind of a slow-moving but very dramatic encounter that he has with these deputies, i can call it an encounter, i guess, because they're pretty much on top of him the entire time. the first video, though, that we see is of him being brought into the intake ward at central state hospital, a mental health facility in petersburg, virginia, this is surveillance video of him being brought into that hospital on the morning -- excuse me, on the afternoon of monday, march 6th. you can see deputies bringing him in, they are holding him up, he is in shackles and leg irons, he is not necessarily able to support himself, at least it doesn't look like that on the video. they bring him in, then they get him seated basically on the floor by a chair. there is

>>> plus, gut wrenching video showing the death of irvo otieno pinned down by law enforcement and hospital staff for 11 minutes before he stopped moving. what the county attorney is doing today to try to bring those responsible to justice. >>> and more dangerous and destructive weather is hitting california, including another massive dose of snow and several more inches of rain. evacuation orders issued for neighborhoods like this that used to be along the san joaquin river, now essentially in the san joaquin river. >>> a lot to get to. we start in new york, where the next grand jury date in the hush money case against donald trump is tomorrow. allowing the already massive sense of anticipation to build for at least another 24 hours or so. but jurors have a lot to digest between now and then after robert costello spent more than two hours on monteling them the d.a.'s key witness and his former client michael cohen is a liar with no credibility, though cohen later says the same thing about him. >> if they want to go after donald trump and have solid evidence, so be it. but michael cohen is

dinwiddie commonwealth attorney ann baskervill says otieno was pulled down to the ground with several no one blocking the others from having their hands on the victim, who then died of asphyxiation by smothering. it is unclear what triggered the altercation. the 12 minutes at issue were captured on hospital surveillance video and shown to the victim's family. but the tape has not been made public. so far, seven deputies involved in the incident have been arrested along with three hospital workers. all have been charged with second-degree murder. today the family called for justice. >> what i saw today was heartbreaking. america, my son was tortured to put it right. i saw the torture. >> reporter: the ten people arrested have not yet entered pleas, but two of the deputies have been released on bond. the other suspects, norah, remain behind bars. >> jeff pegues, thank you. >>> tonight, the showdown between the united states government and tiktok is coming to a head. the biden administration has issued an ultimatum to the popular video-sharing app to part ways with its chinese-owned pare

. >>> family and friends of irvo otieno are hoping the brutal death of the man they loved will become from mental illness on wednesday the reverend al sharpton focused on that during otieno's eulogy. not only didn't he get help when he needed it most, ten people are charged with suffocating him to death >> the disgrace was not irvo had mental illness the disgrace is how you treated irvo this boy wasn't hurting sicknes and if you were not equipped to train to deal with the illness, then you should not have showed up to answer the call. you can be prosecuted and held accountable. there will be an law >> reverend sharpton joins me now, the president of the national action network, and host of politics nation here on msnbc. you and i spoke, i think, within 24 hours after it became public what had happened. now you're talking about an ivo law, what would that look like, rev? >> it would look like those that get a call about a situation involving mental health would not be the first responders without having people that are school trained with mental health episodes being on the scene and t

. >> reporter: the family attorney said otieno came to the u.s. was into hip-hop and part of the kenyan community. cnn has reached out to the attorneys for the deputies but haven't hear back. their boss, the sheriff, said their office is cooperating. so far two of the deputies were allowed out on bail. brian todd. >>> joining me now, former officer michael fanone. good to see you this morning. brian laid out what we learned, but a crucial part is the video that prosecutors were referencing. saying it's 12 minutes, calling it alarming, saying it shows deliberate cruel treatment. the family set to see that this morning. given how quickly the charges were filed, do you think that is what this video will show ultimately? >> to be honest with you, i don't know. you know, it's -- i think it's irresponsible for any of us, including myself as a former police officer to speculate on these officers' actions one way or the other based on the statements of prosecutors and the attorneys of the family. not to say that couldn't be the case. but i have seen, espe

three more staff members now charged with murdering irv otieno what his family is saying this morning. france erupts fires in the streets after president macron races retirement age. police fired tear gas arrest hundreds on the loose monkey on the front porch. the animal attacking an oklahoma woman outside her home. she tells us about the terrifying encounter this morning. tip talk on the clock, with the popular out facing a possible ban in the u. s the new report that finds tiktok has your data even if you've never used it. abc news exclusive. the ceo of the company behind the groundbreaking chat g b t. you're a little bit scared a little bit, doing everything from writing essays to analyzing pictures, even helping with your taxes. big questions this morning be become more powerful than that human sandwich. sabotage my sandwich. lunchtime go to might be damaging your health. the swamps you need to know before you pack your meal. just bust a move and busted. stealing one from virginia plus arizona floored princeton. the st john's women in the last second. made it in making come true.

. >> reporter: new details on what the video shows of the final moments of 28 yeari irvo otieno.t public. but the prosecutor saying why she's charged seven deputies with second degree murder. >> it goes to the ground. one by one, ten people on top of him. all of whom are applying pressure. visibly, they're putting their back into it, leaning down. >> reporter: is he resistant, is it combatant at all? >> no, not at all. he's lifeless. >> reporter: there's other details. >> hospital staff coming in and out of the room as if there's nothing taking place. nothing. no one tries to help. >> reporter: it began with a burglary call on march 3rd police showed up at otieno assess house. >> he was very confused. heightened state of mental anxiety. >> reporter: but his mother calmed him down but another posed a threat. >> iirvo. >> reporter: and in jail, video shows he was pepper strayed while handcuffed and naked alone in his control. >> five or six deputies at the jail tackle him, so he's then on the ground. and he's on the ground underneath them for several minutes there. and then sustain

. >>> ten people have now been charged in the death of irvoe otieno. charges follow the viewing of the video. staff was watching with their hands na their pockets while he was allegedly being smothered to death. the three guards along with seven deputies are all facing murder charges. here's cnn's brian todd. >> reporter: new details of what the video shows of the final moments of 28-year-old irvo otieno who died in custody on march 6th when he was brought to mane tall health facility on march 6th. the video is not public yet. but we're told why they have been charged as well as three security guards. >> he goes to the ground and one by one there end up being ten people on top of him. visibly they're putting their back into him, leading down. >> was he resistant? combative? >> no, not at all. he's not moving. he's, frankly, lifeless. >> reporter: there are other disturbing details. >> hospital staff comes in and out of the room as if nothing is taking place. nothing. no one tried to come. >> reporter: a disproportionate amount of officers showed up. >>

. >>> and ten people have now been charged in the death of irvo otieno who died in custody while at athe additional charges followed the state's viewing of his death. the video shows three hospital staffers at one point watching with their hands there pockets while he was allegedly being smothered to death. the three guards, along with these seven deputies, are all facing murder charges. here's cnn's brian todd. >> new details on what the video shows are the final moments of 28-year-old irvo otieno who died on march 6th when he was brought to a mental health facility in virginia. the video not yet public. but the county prosecutor telling cnn why she has charged seven deputies with second-degree murder as well as three security guards at the central state hospital. >> he goes to the ground. one by one, there were ten people on top of him. all of whom are applying pressure. visibly, they're putting their back into it, leaning down. >> reporter: is he resisting at all in those moments? >> no. not at all. he's not moving. he is lifeless. there are hospital staff that come in and out of t