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New Lawsuit Says John Neville Arrived At Hospital With Brain Damage

Protesters gather outside of the Forsyth County courthouse in August 2020, after the videos of the events that led up to John Neville's death were made public. DAVID FORD/WFDD FILE

A new lawsuit alleges that John Neville had brain damage when he was transported from jail to a Winston-Salem hospital, where he later died. The suit filed by Sean Neville says that corrections officials downplayed the seriousness of his father's condition when he was taken to the hospital. 

John Neville was restrained by officers following a medical emergency, and video shows the 56-year-old Black man telling them that he couldn't breathe.

Medical examiners said that the cause of death was not his health conditions but the way he was held down at the jail.

A lawsuit filed Tuesday says that a Forsyth County sheriff's captain gave paramedics a note as they wheeled Neville from the jail asking for notification if and when there was a time of death, and if an autopsy was performed.

In the new lawsuit, attorneys allege that the callousness of the note “demonstrated that correctional defendants were more concerned with the potential fallout from their treatment of Mr. Neville, than they were for Mr. Neville's well-being.”

The suit also claims that Neville was nearly brain dead as he left the jail. 

Five deputies and a nurse have since been charged with involuntary manslaughter.

The family is now suing those six people, as well as Forsyth County Sheriff Bobby Kimbrough and the medical company Wellpath.

In a statement to The News & Observer, Sean Neville expressed his gratitude to Forsyth County District Attorney Jim O'Neill, as well as his sympathy for the defendants.

Kimbrough also released a statement to the paper, reiterating his support for the Neville family.

Neal Charnoff joined 88.5 WFDD as Morning Edition host in 2014. Raised in the Catskill region of upstate New York, he graduated from Sarah Lawrence College in 1983. Armed with a liberal arts degree, Neal was fully equipped to be a waiter. So he prolonged his arrested development bouncing around New York and L.A. until discovering that people enjoyed listening to his voice on the radio. After a few years doing overnight shifts at a local rock station, Neal spent most of his career at Vermont Public Radio. He began as host of a nightly jazz program, where he was proud to interview many of his idols, including Dave Brubeck and Sonny Rollins. Neal graduated to the news department, where he was the local host for NPR's All Things Considered for 14 years. In addition to news interviews and features, he originated and produced the Weekly Conversation On The Arts, as well as VPR Backstage, which profiled theater productions around the state. He contributed several stories to NPR, including coverage of a devastating ice storm. Neal now sees the value of that liberal arts degree, and approaches life with the knowledge that all subjects and all art forms are connected to each other. Neal and his wife Judy are enjoying exploring North Carolina and points south. They would both be happy to never experience a Vermont winter again.

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