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.
Tina and Tom Johnson lost their daughter Brittany to a meth overdose in 2022. Nearly two years later, they’re still trying to find out what really happened — and secure justice for her. But they’ve hit some challenging roadblocks.
Tom Johnson shows a photo he took of several syringes he found in Brittany’s house after her death.
Since his daughter passed away nearly two years ago, Tom Johnson has felt like a man obsessed.
“I mean, all I think about is this. I mean, I can’t, you know, have any relief from it,” he told WHQR. “And she haunts me in my dreams.”
On December 26, 2022, he and his wife got devastating news: their daughter Brittany Johnson had died of a meth overdose. Brittany had been sober for 18 months, going through drug court in Brunswick County. She left behind a five-year-old daughter.
“She was just full of life,” said her mother Tina Johnson. “Loving life, loving her daughter, looking forward to overcoming all of her past mistakes.”
Brittany’s death came as a shock to her parents. In the months since her passing, they’ve been trying to understand the circumstances that led to her death. But the Johnsons say they’ve faced some roadblocks from the Brunswick County Sheriff’s Office as they try to understand what happened.
A tragedy, then questions
For Christmas 2022, the Johnsons had gone to the mountains with Brittany’s daughter Ava and the rest of the family. Brittany, who lived just down the road from her parents with her boyfriend, was supposed to join them, but called on Christmas Day saying she had been having car trouble. She said she would catch them back home in Supply.
Then, at 3:26 a.m., they got a call from Brittany’s boyfriend. The paramedics were at their house, trying to revive Brittany from an overdose.
“And then someone did confirm that she was actually dead,” Tina said.
The family immediately got up and drove back to the coast. When they got back to Supply six hours later, Brittany’s house stood empty. Law enforcement had already come and gone from the place, taking Brittany with them. According to the Johnsons, they wouldn’t see their daughter’s body for another four days.
“[The sheriff’s office] never called us, never. We had to call them,” said Tom.
“It’s not like TV,” Tina added.
In the days following her death, the Johnsons felt like the Brunswick County Sheriff’s Office did not do enough to properly investigate Brittany’s death. They couldn’t comprehend certain decisions the office made. For one, they didn’t understand why the sheriff’s office didn’t treat Brittany’s boyfriend, who was with her at the time of her death, as a suspect.
“We just wanted to know: why is this guy out of jail, and why is he going to a rehab?” Tom said. “They just simply said, ‘Oh, we’ve talked to [Brittany’s boyfriend].'”
Nor did they understand BCSO’s investigation of Brittany’s house. The sheriff’s office did find drugs in the house, and took some in as evidence. But upon getting back to Supply, the Johnsons found many other substances, along with needles and other paraphernalia, stashed throughout their daughter’s house.
“My son found some, you know, some jar of drugs,” said Tom. “There was a fully loaded needle. And a used needle.”
The Johnsons wanted to prosecute Brittany’s drug dealers through death by distribution. North Carolina’s death-by-distribution law passed in 2019. It criminalized the sale — and after the law was changed in 2023, any distribution — of drugs which later cause fatal overdoses.
So the Johnsons didn’t understand why the drugs they recovered from Brittany’s house were left behind. Couldn’t they serve as crucial evidence — as a way to identify her dealers?
They asked the sheriff’s office what to do with it all. The Johnsons told WHQR they were instructed to destroy everything.
“They didn’t want nothing to do with it,” Tina said.
It was around this time that the Johnsons hired their longtime friend Patti Hewett as a private investigator. Hewett had previously worked at BCSO. She was bewildered by their instructions to destroy the drugs.
“I have never — 30 years in law enforcement — I have never destroyed a drug like that or told anybody to destroy a drug,” Hewett told WHQR.
Tom Johnson shows a photo he took of several syringes he found in Brittany’s house after her death.
‘Turn around and go back. That car is bugged.’
And then, several months after Brittany passed, her mother found something strange.
Her parents still had Brittany’s Volkswagen Beetle. Brittany and her boyfriend had shared the car, which her parents had given to Brittany after she graduated from drug court. One day in March 2023, Tina was trying to connect her phone to the car’s Bluetooth speakers.
“I’m sitting in my driveway and I’m trying to figure out how to program my phone,” she said. “I’m looking down — it said Surveillance Unit 098. I’m like, ‘what the hell?'”
Her daughter’s car had a list of recently paired devices. One of them was named “BCSO Surveillance Unit 098.”
Tina was baffled.
“So I’m driving and I texted Patti [Hewett],” she said. “And I said, ‘you ain’t gonna believe this – this is what I found.’ And she’s like, ‘where are you?’ I said, ‘I’m right here,’ and she’s – ‘Turn around and go back. That car is bugged.’ I’m like ‘what?’ ‘Turn around!'”
The Johnsons searched the car from top to bottom, but found nothing. They didn’t know what to make of it. Was it a prank? Or was it something more serious — someone from the sheriff’s office monitoring Brittany’s whereabouts?
There was more. The Johnsons say BCSO examined Brittany’s phone and didn’t find anything concrete. But after Hewett examined the phone, she found a screenshot of Brittany’s settings dated November 8, 2022. It showed her phone pairing with that same Bluetooth device: BCSO Surveillance Unit 098.
The Johnsons began to wonder if Brittany had been a confidential informant, or if someone she was close to had been a confidential informant. It was hard to tell from what was on Brittany’s phone.
“It’s like Brittany doesn’t exist on that phone from November the 29th, 2022,” Hewett told WHQR. “Her pictures are gone. Everything’s gone off of that phone.”
One thing was for sure: the Johnsons felt like they could not trust the sheriff’s office.
Tense meetings
In spite of their doubts, the Johnsons still cooperated with law enforcement. In April 2023, they scheduled a meeting with District Attorney Jon David. The hope was that they could come up with a plan for prosecuting Brittany’s dealers.
Tom said the first meeting went well. David promised them he’d look into the circumstances of Brittany’s death, and set up a second meeting. This time, Hewett would come along to share information she had uncovered about Brittany’s dealers. So would Sheriff Brian Chism, who’d just been sworn in to replace longtime Sheriff John Ingram, and who the Johnsons hoped would offer some answers.
But when they met at the DA’s office in May, Chism was not there. In his stead were case investigator Kip Hester, deputy Tony Henson, and Glenn Emery, who serves as attorney for the Brunswick County Sheriff’s Office.
The Johnsons asked the sheriff’s office whether or not Brittany had been a confidential informant. According to them, the sheriff’s office said no, but would not answer questions about whether Brittany’s boyfriend, dealers, or other acquaintances had been confidential informants.
They also told the Johnsons they would not pursue death by distribution.
“I tried to be amicable with him in the meeting with John David,” said Tom. “I just tried to simply say, ‘I just want to know what happened. Here’s a little bit of what we have.'”
But Tina said after some back-and-forth, the sheriff’s representatives just left.
“Next thing I know, Tony Henson said, ‘Let’s go boys,’ got up and walked out of the meeting. They’d had enough,” she said. “They told Patti they’d had enough of the drama.”
Emery told WHQR that he was “not comfortable” commenting on his meetings with the Johnsons.
But in an email to WHQR, he did explain why the sheriff didn’t push for death by distribution charges.
“After a very thorough investigation,” he wrote, “there was no clear suspect and no clear sale of at least one controlled substance. Investigators were unable to determine where Brittany Johnson procured the Methamphetamine that caused her death, much less whether it was sold, traded, or simply given to her. This has been explained to the family on several occasions by the Sheriff’s Office and the District Attorney’s Office.”
Emery also addressed the Bluetooth pairing in Brittany’s car.
“I can assure you that the Brunswick County Sheriff’s Office had nothing to do with the pairing of any device to Brittany’s vehicle. Further, we offered to conduct a forensic analysis of the vehicle to attempt to provide the family with answers, but they declined our offer,” he wrote.
Tina said she rejected the offer for one simple reason — she didn’t trust BSCO. She thought they’d tamper with or remove the device.
“Kip Hester called me I think two days later and wanted to know if I would be willing to take that car to Carolina Beach Police Department for them to extract it,” she told WHQR. “And I said, ‘Let me think about that for a minute… No. And don’t call me ever again.'”
Emery did not respond to follow-up questions about BCSO’s instructions to destroy Brittany’s drugs, about his meetings with the Johnsons, or about any potential efforts by BCSO to secure justice by bringing in federal law enforcement to pursue U.S. death by distribution statutes.
Not just a number
The sheriff’s office closed the case on July 31st, 2023. But Tina told WHQR that has no bearing on her and her husband.
“If they think I’m gonna stop, I’m not. I’m not gonna,” she said.
On June 23, 2024, the Johnsons attended a meet-and-greet with Sheriff Chism hosted by the North Brunswick Republican Club. In an exchange recorded in a Facebook video, they stood up and started asking Chism about the investigation into Brittany’s death — specifically, about which elements of death by distribution Brittany’s case lacked. North Carolina’s death-by-distribution law changed in 2023, making it possible to prosecute not just dealers, but anyone sharing drugs which later caused fatal overdoses.
“To answer your questions, yes, the elements changed,” the sheriff said during the meet-and-greet. “Unfortunately, they don’t retro. We cannot go back. So before, when your incident happened, you had to prove a sale. We couldn’t do that.”
“It’s not an incident,” Tom responded. “It’s a death.”
Brittany’s case is, to be sure, a complex one. And with so many people dying of overdoses in eastern North Carolina, the Johnsons say it’s easy to see how a police force could let a case like theirs go.
“‘Oh, well, we’ll look into it.’ I never heard anything. Nothing. Because [Chism] didn’t care,” Tom said. “Anything about it… This is another drug addict dead? Who cares?”
“To the Brunswick County Sheriff’s Office, ODs just seem to be a number,” Hewett said.
But the Johnsons still want answers on how their daughter’s investigation was handled and why.
“I want them to tell us what they found. They said our daughter died of an overdose. Case closed. No elements of a crime,” Tina said. “Okay. Well, y’all were in that house for two and a half hours while she lay there. And you don’t know anything?”
Currently, the Johnsons are trying to obtain the district attorney’s 75-page investigative report into Brittany’s death. Emery told WHQR that they won’t show it to the Johnsons without a court order, saying the report does not count as a public record.
The Johnsons say they’ll do whatever it takes.
“We just want to know what happened to our girl,” Tina said.
