Sheriff joins family of man killed in Forsyth jail in asking for release of video

Before John Neville died from injuries at the Forsyth County jail he told detention officers he couldn’t breathe.

Neville told them that 24 times, according to Mike Grace, attorney for Neville’s family.

The Winston-Salem attorney told those details to Superior Court Judge Greg Horne on Wednesday morning while asking for the release of the video to 11 media outlets who petitioned the court to do so.

The sheriff in charge of the jail also supported making the video public, while attorneys for the officials charged in Neville’s death joined the district attorney prosecuting them in arguing against the video’s release.

Horne said he would make his decision by Friday.

“Any harm being done is by not seeing the videos,” Grace said. “Right now they’re being tainted because they’re not getting the truth.”

Grace said that what he understands from being a lifelong resident of Winston-Salem is that the public is already filling in the gaps of what they don’t know about Neville’s death with rumors and innuendo.

The News & Observer petitioned in June for the release of video footage captured in the jail that showed what happened to Neville before his death. The N&O is now joined by 10 other media outlets, including the New York Times and The Associated Press, in requesting the video’s release.

Criminal charges came seven months after Neville died and more than a week after the N&O petitioned for the video’s release.

Five officers and a nurse are charged with felony involuntary manslaughter in Neville’s death. Those charged include Detention Officers Sarah E. Poole, Antonio M. Woodley and Christopher Stamper, Cpl. Edward J. Roussel and Sgt. Lavette M. Williams, and nurse Michelle Heughins.

Medical examiners have seen the video footage captured from various angles as Neville was injured and detailed it in the autopsy report.

Those charged are accused of killing Neville after placing him on his stomach with his arms behind his back and his ankles raised to his wrists.

A medical examiner said that being placed in that position led him to suffocate, have a heart attack and suffer from a brain injury resulting in his death.

DA, defendants argue against release

Five attorneys representing four of the deputies and the nurse, as well as Forsyth County District Attorney Jim O’Neill, argued against the release of the video arguing that the release could impede a fair trial.

One attorney representing Stamper said the deputy has been forced to move from his home for his safety.

“We are expected to have pity for those charged, and make no mistake, we do,” said Brienne Neville, Neville’s daughter, in a texted statement to the media after the hearing. “We are told that they have received threats or have had to move for fear of their lives.

“At least they have a life to fear for. Our father does not.”

Her statement is the first independent of her attorneys.

Grace told the judge during the hearing the family has been accused of being part of a cover-up along with the sheriff, the district attorney and the Grace, Tisdale and Clifton lawfirm.

“I have to say that it takes courage for a DA, in this county or any others, to bring this type of charges,” Grace said. “But the greatest ammunition for a cover-up is for these videos not to be released.”

Forsyth County Sheriff Bobby Kimbrough told the judge he supported the family’s wishes for the video’s release.

“I have stood with the family from the beginning,” Kimbrough said while ensuring he still supports his county, his former employees and the people he serves.

Kimbrough’s statements came less than 24 hours after the law firm released a statement that the family wanted the videos released.

“After considerable deliberations, discussion and much prayer the Neville family has decided that it is time for the public to see the video depicting the last moment’s of their father’s life,” a statement from the family’s attorneys said.

‘Vast public interest’

Mike Tadych, an attorney representing the media outlets, told the judge that there was a public interest in the videos that could show wrongdoing or validate the defendants’ actions.

“There is going to be public interest, and Mr. O’Neill held a news conference showing he too recognized the vast public interest,” Tadych said.

The family’s statement said that the family initially wanted the matter to be private but realized that is not possible.

“The family members have not made this decision in a vacuum,” the statement said. “They are aware that what happened to their father has happened to countless other sons, brothers, uncles, cousins, fathers, and grandfathers.

“While by law they do not have any standing to support or oppose the decision that will be made on Wednesday, July 29, 2020, they feel it is necessary for all of the stakeholders, protesters, and the community at large to know that they will not stand in the way of full transparency.”

Since O’Neill announced the charges, protesters have demanded more information about Neville’s death, and 55 have been charged with crimes over incidents during the demonstrations.

Brienne Neville said in her own statement that the family does not support violence of any kind.

“We do, however, encourage peaceful protests and continued push for reform,” she said. “ Our efforts for justice are not just for our father but for your fathers, your children, your families who daily feel the pain and pressure of discrimination and police brutality.

“So fight with us, not against us.”

This story was originally published July 28, 2020 at 5:26 PM.