From [HERE] Wellpath Inc., Forsyth County's former medical provider, and a nurse charged in the death of John Neville are asking a federal judge to delay proceedings in a wrongful-death lawsuit filed against them, according to court documents filed Monday. They said the media had "conflated" Neville's death with the May 25, 2020, death of George Floyd, who was killed by a white police officer.

"Moreover, local and national news articles about Mr. Neville's death conflate his death with the George Floyd, 'I can't breathe,' scenario in Minneapolis," Rebecca Thornton, the attorney for Wellpath and the nurse, Michelle Heughins, said in the motion.

A federal lawsuit filed Sept. 28 alleges that detention officers at Forsyth County’s jail not only pinned John Neville in a prone position that ultimately led to his death but also that he was denied use of an inhaler for his asthma and that officials ignored repeated signs that he was in medical distress.

According to the lawsuit, despite Neville having displayed clear signs of a medical emergency, detention and medical officials at the jail failed to take Neville to the hospital for more than an hour. The lawsuit says that a sheriff’s deputy gave a written note to EMS after Neville arrived at the hospital, asking to be informed in the event of Neville’s death and whether an autopsy would be performed.

John Elliott Neville, 56, of Greensboro, died on Dec. 4, 2019 at what is now known as Atrium Health Wake Forest Baptist Hospital in Winston-Salem. Five former detention officers — Lavette Maria Williams, Edward Joseph Roussel, Sarah Elizabeth Poole, Christopher Bryan Stamper and Antonio Maurice Woodley — and nurse Michelle Heughins [racist suspect in photo] have all been charged with involuntary manslaughter.

Forsyth County Sheriff Bobby Kimbrough Jr. did not publicly acknowledge Neville's death for six months. On June 26, he and his agency provided limited information about Neville's death. About two weeks later, Forsyth County District Attorney Jim O'Neill announced the involuntary manslaughter charges. Local protests sparked by the Minneapolis death of George Floyd a month earlier soon turned toward demanding accountability for Neville’s death in Winston-Salem.

Media organizations petitioned for the release of body camera and jail surveillance footage of the events that led to Neville’s death. A Forsyth County judge ordered the release of the videos, which showed Neville said the words “I can’t breathe” dozens of times as he was restrained, face down, in the jail.

The videos show John Neville begging for his life as multiple deputies piled on top of him as he had a medical emergency.

The incident began when Neville was found semi-conscious on the floor of his jail cell. The deputies continue telling Neville to “calm down” but Neville eventually panics and tries to stand up.

“You had a seizure,” the nurse said. “They’re just taking care of you. They’re doing this so you don’t hurt yourself.”

“You’re going to be alright, buddy,” a deputy says. “You’re going to be alright. You’re having a bit of a medical episode here.”

“I can’t breathe. I can’t breathe. I can’t breathe. Help!” Neville said as deputies retorted, “If you can talk, you can breathe.”

But Neville was telling the truth. He could not breathe.

Neville was being held face down on his stomach, begging to be rolled over so he could catch his breath but the deputies refused. He asked them over 30 times, every one of the requests were denied.

One deputy tells others he knows they’re enjoying holding down Neville before offering them a break if they need it. After a straight 11 minutes with cops on top of him, Neville fell unconscious and stopped breathing.

“You guys killed him,” someone shouts. “You killed him.”

He was transported to the hospital but would not make it.

John Elliott Neville, 56, of Greensboro, died at Atrium Health Wake Forest Baptist on Dec. 4, 2019, mere days after he was taken into custody and brought to the Forsyth County Jail on a misdemeanor assault charge out of Guilford County. His death prompted local protests and a 49-day occupation of Bailey Park led by Triad Abolition Project.

Kimbrough, Forsyth County, Heughins, Wellpath and the five former detention officers have all been named as defendants in the federal lawsuit. All but Heughins and Williams have filed written answers to the lawsuit. Heughins was scheduled to file an answer on Thursday. 

Thornton also said that portions of videotapes were released publicly in July 2020. The Journal joined other news organizations in petitioning a judge to release the footage. 

"Defendants Wellpath and Heughins contend that unless the civil proceedings before this Court are stayed pending the resolution of the parallel involuntary manslaughter proceedings against the above listed individual Defendants, Defendants' Fifth Amendment rights against self-incrimination are likely to be violated during the course (of) civil litigation proceedings," Thornton said.

Thornton said Wellpath and Heughins would be confronted with with the troublesome and unsatisfactory prospect" of having to decide whether to provide incriminating statements, answer certain questions and testify under oath.

Heughins tried to file an amicus brief supporting an appeal of a decision by Forsyth Superior Court Judge David Hall to allow release of certain investigative records held by the N.C. Department of Health and Human Services. The Forsyth County District Attorney's Office is appealing that decision in the N.C. Court of Appeals.