The decision not to bring criminal charges against two Richmond Police officers and two paramedics in connec- tion with the fatal smothering of Joshua L. Lawhon three years ago was made by Michael N. Herring, former Richmond commonwealth’s attorney.

Now managing partner of the McGuire-Woods law firm Richmond office, Mr. Herring stated in response to a Free Press query that he did not find the elements required to bring a charge such as involuntary manslaughter.

Under Virginia law, according to the legal website FindLaw, involuntary manslaughter “occurs when someone unintentionally causes the death of another, such when the person is driving under the influence of drugs or alcohol.”

In the Lawhon case, “there was no indication of callous disregard for (Mr. Lawhon’s) welfare and certainly no indication of intent to harm,” Mr. Herring stated.

While Mr. Herring no longer has the file or police body camera footage he studied after the Jan. 16, 2018, incident, Mr. Herring stated that his recollection is that “the first responders were trying to restrain and assist the decedent. ...I saw no evidence of recklessness that may have warranted a request for an indictment.”

Mr. Lawhon suffered irreversible brain damage when the two police officers, with the help of two ambulance personnel pressed his face into a pillow for nearly six minutes, according to claims in a $25 million wrongful death suit filed in federal court by Mr. Lawhon’s mother, Angela Lawhon, against the officers and paramedics.

The case details also have emerged in a decision the 4th U.S. Circuit Court of Appeals recently issued rejecting a request for immunity from those named in the suit.

Those being sued include former Richmond Police Officer John Edwards and Officer LaShaun Turner, who is still with the force. Alexander Mayes, who is no longer with the Richmond Ambulance Authority, and Christopher Tenley, who is still an emergency medical technician with RAA, also are named.

According to court documents and police body camera footage, the fatal incident occurred when the officers went to Mr. Lawhon’s residence in South Side in response to a call from his roommate, who wanted him taken to a mental hospital.

Mr. Lawhon, a diagnosed schizophrenic, protested against being hospitalized, the documents state. Though he was not facing any charges and was not found to be a danger to himself or others, the police officers took Mr. Lawhon to the ground, handcuffed him and held him down with support from Mr. Mayes and Mr. Tenley, whom the officers called to the scene, according to the case information.

According to the 4th Circuit Court decision, the officers had no justification for taking Mr. Lawhon into custody and violated his Fourth Amendment right to be free from “illegal seizure” at the hands of government officials.