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Tina and Tom Johnson have brought a federal lawsuit against Sheriff Brian Chism and several other law enforcement officers. They’re alleging that the department is responsible for the death of their daughter Brittany Johnson. WHQR’s Nikolai Mather sat down with news director Ben Schachtman to discuss the details of this case.
Ben Schachtman: Nikolai — thanks for joining us. So the plaintiffs in this lawsuit are Tina and Tom Johnson. You’ve reported on story before: remind people who they are and what’s the latest.
Nikolai Mather: Yeah, so, the Johnsons are a married couple from Supply. They lost their daughter Brittany Johnson to a meth overdose in 2022. Ever since then, they’ve been asking the Brunswick County Sheriff’s Office to share the findings of its investigation into her death. Now, they’re suing several law enforcement officers, saying that they should be held responsible for her death.
BS: So who specifically are they suing?
NM: Four of the defendants are named. There’s Alexander Melvin, who is a deputy for BCSO’s drug enforcement unit; Timmie Clemmons, who is a BCSO detective; Sheriff Brian Chism, and Alice Camden Alessandra, who was Brittany Johnson’s parole officer at the time of her death. The Johnsons are also suing 5 John Does, saying that because they don’t yet know everyone involved in their daughter’s death, they’re using those names as placeholders. They’re also suing Brunswick County as a whole.
BS: Gotcha. So what’s the Johnsons’ case for this as a wrongful death?
NM: Well, to understand that, you have to understand the rocky relationship they have with BCSO.
After investigating, the sheriff’s office declared her cause of death to be accidental drug overdose, with no foul play suspected. But the Johnsons think that’s not the full story. Like, after her death, they found a Bluetooth connection in their daughter’s car labeled “BCSO Surveillance Unit 098.” The sheriff’s office told them they had no idea where it came from, but the Johnsons think it suggests their daughter was a confidential informant for the department.
They’ve asked the sheriff for answers. BCSO told them their daughter wasn’t a CI, but didn’t say whether her friends were. And in a lot of instances, the office has clammed up entirely, saying they need a court order for more info.
BS: So, to be clear, these allegations are things BCSO has disputed or declined to comment on?
NM: Right. These allegations are based on the Johnsons’ own findings, in their own private investigation. And they now say that they have reason to believe their daughter was a confidential informant for the sheriff. Brittany had previously struggled with drug addiction, and her family says putting her in that position ultimately contributed to her relapse and to her death.
BS: I see. So this is a pretty big step – a federal lawsuit is no joke. But I was curious as to whether they were pursuing any criminal charges here, in addition to these civil charges.
NM: That process is a little different. You can ask the FBI or the SBI to look into a case. But ultimately, criminal investigations are up to those guys, whereas anyone can file a civil lawsuit. You’ve been covering the courts longer than me, Ben — is it typical for a civil lawsuit to be filed when there isn’t a criminal investigation?
BS: It really depends on the case. When it comes to law enforcement, there might be a lot of things that aren’t illegal but constitute policy violations. That could involve a review by state authorities — but it wouldn’t be for criminal charges. Also, it’s worth noting that in North Carolina, as in many states, the standard of proof for crimes like involuntary manslaughter — or negligent homicide — is going to be more intense than proving liability in a civil case.
NM: For sure.
BS: So, what’s next for this case?
NM: Well, I asked BCSO some questions about this lawsuit. Glenn Emery, an attorney with the office, said they couldn’t really comment on an ongoing lawsuit.
There’s not a trial date quite yet. The plaintiffs will have to respond, and will likely ask to dismiss the case. But if it stays in court, there will be discovery — meaning the Johnsons will have to produce their evidence, and the Sheriff’s Office will likely have to turn over some documents as well. If the case proceeds, there’s also a good chance some of the people they mention in the suit will be brought in for sworn depositions or asked to sign affidavits.
BS: That was WHQR’s rural reporter Nikolai Mather. Nikolai, thanks for coming by.
NM: You’re welcome.