Family files wrongful death suit against Brunswick County Sheriff, deputies, and parole officer

Read the original article or listen to the audio on the WHQR website.

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 โ€” 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 whatโ€™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 whatโ€™s the Johnsonsโ€™ 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 โ€“ 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 โ€” is it typical for a civil lawsuit to be filed when there isnโ€™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 arenโ€™t illegal but constitute policy violations. That could involve a review by state authorities โ€” but it wouldnโ€™t be for criminal charges. Also, itโ€™s worth noting that in North Carolina, as in many states, the standard of proof for crimes like involuntary manslaughter โ€” or negligent homicide โ€” is going to be more intense than proving liability in a civil case.

NM: For sure.

BS: So, whatโ€™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.

Thereโ€™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 โ€” meaning the Johnsons will have to produce their evidence, and the Sheriffโ€™s Office will likely have to turn over some documents as well. If the case proceeds, thereโ€™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.

On a mission to prosecute fentanyl dealers, Union County opens its own autopsy center

Read the original article on the Charlotte Observer website.

When autopsy backlogs in North Carolina threatened Union County officersโ€™ ability to prosecute drug overdose cases, they opened their own center to continue their yearslong drug purge amid state delays.

A temporary autopsy center that opened in the bottom of a Monroe hospital Dec. 17 is the ninth regional center in the state. Itโ€™s also one countyโ€™s latest attempt to combat two issues plaguing the state: drug deaths and autopsy delays.

The North Carolina General Assembly since its 2023 session has given Union County $22 million to open the South Piedmont Regional Autopsy Center under oversight from the Office of the Chief Medical Examiner. The county soon hopes find a permanent building to better host eight more counties and get the proper accreditation to help with the toxicology reports backlog, too.

Autopsy and toxicology backlogs have been caused by increasing overdose deaths and too few forensic pathologists, a Charlotte Observer investigation revealed last year. They leave grieving families and investigating law enforcement waiting too long for answers.

For Union County, those delays were made worse when the Office of the Chief Medical Examiner moved Union Countyโ€™s autopsies from Mecklenburg County โ€” less than an hour away โ€” to Wake County โ€” about three hours away โ€” in 2022.

The switch was supposed to help with backlogs, but transportation time coupled with the Raleigh centerโ€™s staffing shortages created more delays, said Tony Underwood, the chief deputy of operations with the Union County Sheriffโ€™s Office.

Each Raleigh pathologist, the Observer previously reported, completes, on average, 557 autopsies each year. Thatโ€™s more than twice the number recommended by a national accrediting group, Department of Health and Human Services Secretary Kody Kinsley previously told the Observer.

โ€œBottom line, plain and simple, the medical examination system is in crisis,โ€ Kinsley said.

The Raleigh autopsy center told Underwood it does not โ€œroutinely do full autopsies in suspected drug overdose cases,โ€ he said in an interview with the Observer.

Mecklenburgโ€™s center did, Underwood said.

The change became a problem for Union County law enforcement.

The sheriffโ€™s office and Union District Attorney Trey Robison were charging and prosecuting drug dealers who sold deadly substances to people even before a state law paved the way to do that.

A 2019 bill introduced a โ€œdeath by distributionโ€ charge to North Carolina, allowing dealers to be charged with killing someone by selling or giving them the drug that killed them. It is largely regarded as a โ€œhard-to-proveโ€ charge, but Union County is among the top counties pursuing and prosecuting it, according to nonprofit research by the Fentanyl Victims Network of North Carolina.

Union County, Underwood said, had been charging dealers with second-degree murder before โ€œdeath by distributionโ€ was introduced.

That meant Union County officers were routinely requesting autopsies and toxicology reports in almost every overdose case.

But in Raleigh, they sometimes needed to have โ€œprobable causeโ€ that a crime was committed to request an autopsy, Underwood said. Toxicology reports, which show what substances were in a personโ€™s system when they died, typically give probable cause.

But state toxicology reports are finished more slowly than autopsy reports, sometimes taking months or years to be completed.

In 2023 in Raleigh, the medical examinerโ€™s office had just one forensic toxicologist to certify all drug casework, the Observer previously reported.

Union Countyโ€™s temporary autopsy center is a step in the right direction, said Barb Walsh, the founder and executive director of Fentanyl Victims Network of North Carolina. But North Carolina really needs more toxicologists, she said.

Walsh, whose daughter died after unknowingly drinking from a water bottle that had fentanyl in it, had to wait five months to learn what killed her daughter in 2021.

โ€œAnd I thought that was awful,โ€ she said, โ€œbut I am consistently getting calls from families that are waiting 10 and 12 months.โ€

From 2019 to 2023, according to the state health department, North Carolina experienced a 26% increase in cases. That was โ€œundoubtedly influenced by the 69% increase in suspected drug overdose cases,โ€ spokesperson Hannah Jones wrote in an email.

โ€œAnother regional autopsy center is a welcome addition to the NC Medical Examiner System to help with the many cases that come through,โ€ she wrote.

In 2025, Underwood said, the sheriffโ€™s office is seeking accreditation to expand its toxicology lab โ€” which is currently used to test blood from impaired drivers โ€” to be able to test blood from those who died from an overdose or fentanyl poisoning.

Hard-to-prove NC drug law leaves families of fentanyl victims chasing justice

Read the original article on the Charlotte Observer website.

Skateboard wheels skid in front of Sadieโ€™s home, scraping, squeaking, then moving on. She paces between the porch rails, trying to peek at the face below the riderโ€™s floppy hair.

Gwyneth Brown holds a photo of her son, Laird Ramirez, a 17-year-old Mecklenburg highschoolerwho died last July after taking a pressed pill that disguised fentanyl as a Percocet, his parents said. MELISSA MELVIN-RODRIGUEZ mrodriguez@charlotteobserver.com

Is it Laird? Looks like Laird. Sounds like him, too, Gwyneth Brown imagines Sadie, her panting, shedding German Shepherd, is thinking.

โ€œIโ€™m with Sadie on this one,โ€ said Brown. โ€œIโ€™m still waiting for him to come home.โ€

The pair have been waiting more than a year for one of the skaters to kick up their board and walk up the front steps. They never do. Itโ€™s never Laird.

Laird Ramirez, a 17-year-old Mecklenburg highschooler, skateboarder and wrestler, died last July after taking a pressed pill that disguised fentanyl โ€” a lethal synthetic opioid โ€” as a Percocet, his parents said.

The Charlotte Observer reported a year ago on accounts from parents and students of how those $7 pills infiltrated Hough High School and how drug incidents inside Charlotte-Mecklenburg Schools reached a 10-year high amidst Lairdโ€™s death.

Justice, Brown said, did not follow in his wake. While law enforcement and prosecutors say theyโ€™re aggressively going after people whose drugs lead to an overdose or fentanyl poisoning, some families say they havenโ€™t seen that โ€” and theyโ€™re searching for ways to cope once court dates pass.

Mecklenburg death by distribution cases

A man who was 21 in July 2023 was accused of selling Laird fentanyl and charged with death by distribution.

Brown says there was video footage of that drug deal. She says the drugs captured on camera killed her son. Half a pill was still in his wallet when police returned it to her.

Article continues on the Charlotte Observer website.

Durham man charged with death by distribution in overdose case. Is that common in NC?

Read the original article on the Raleigh News and Observer website.

More than a year after a Carrboro man fatally overdosed, a Durham man has been accused of selling him the fentanyl that killed him, police said Tuesday.

More than a year after a Carrboro man fatally overdosed, a Durham man has been accused of selling him the fentanyl that killed him, police said Tuesday.

David Allen Bonita, 34, is charged with death by distribution in the March 29, 2023, death of Arman Guerra Imani, 32, according to a Carrboro Police Department news release. Bonita allegedly sold and delivered fentanyl to Imani, who died after injecting it, Bonitaโ€™s arrest warrant states.

Imani was found unresponsive by his mother in the bathroom of his East Winmore Avenue home shortly before 3 p.m. that day, according to an investigative report from the Office of the Chief Medical Examiner. He was last known to be alive around midnight.

Imaniโ€™s cause of death was an accidental overdose due to โ€œacute ethanol, fentanyl, gabapentin, methadone and mitragynine toxicity,โ€ the medical examinerโ€™s investigative report states.

Bonitaโ€™s arrest warrant was issued on Oct. 31, but he was not arrested by members of the Carolinas Regional U.S. Marshals Task Force until Tuesday, police said. He is being held in the Orange County Detention Center on $150,000 secured bond, records show.

Fentanyl deaths, death by distribution charges in the Triangle

Bonitaโ€™s arrest mirrors another recent case in Carrboro in which Jeremiah Hargrove, 20, of Selma was charged with death by distribution in the June 27, 2023, death of Serguei Ndinga Momo, 21, The News & Observer previously reported. Momo also overdosed on fentanyl, police said.

The most recent data from the North Carolina Department of Health and Human Services shows that as of July, there were 169 fentanyl-positive deaths throughout the state, a decrease from the 262 fentanyl-positive deaths North Carolina had seen by July 2023. In Orange County, there had been nine fentanyl-positive deaths as of Nov. 25., the department reported. Thatโ€™s a decline from the 26 fentanyl-positive deaths in the county from January to August 2023, data shows.

Death by distribution charges remain relatively uncommon throughout the state and the Triangle, statewide data shows.

Throughout North Carolina, 54 death by distribution charges were filed from July 1, 2023, to June 30, 2024, according to data obtained by The N&O from the North Carolina Administrative Office of the Courts. During that same period, no new death by distribution charges were filed in Orange or Durham counties, and only one new charge was filed in Wake County.

A born naturalist and animal lover

Imani, a graduate of East Chapel Hill High School who attended UNC-Wilmington, was described by loved ones in his obituary as โ€œa born naturalist.โ€ The 32-year-old animal lover was passionate about politics and social justice and enjoyed gardening, fishing, cooking and searching for edible plants in the woods, according to his obituary.

โ€œHe wanted to change the paradigm on how Substance Use Disorder (SUD) is treated in the US, allowing for a more open spectrum of treatment options,โ€ the obituary states.

Above all, Imaniโ€™s legacy is the kindness he showed to those around him, his obituary says.

โ€œThe one enduring trait that people will remember about Arman was his kindness,โ€ the obituary said. โ€œIn keeping with Armanโ€™s way of life, in lieu of flowers or gifts, we ask that you convey kindness unto others, especially those who are in need.โ€

Financial sanctions can disrupt fentanyl flows to the United StatesRe

Read the original article on the Atlantic Council website.

Today, the Department of the Treasury sanctioned the leaders of La Linea, a violent Mexican drug cartel responsible for trafficking fentanyl and other drugs to the United States. The designations are just the latest example of how the US government is trying to grapple with the fentanyl epidemic, which has become one of the top national security threats to the United States. It is one of the leading causes of death among young and middle-aged Americans, having killed nearly 75,000 Americans in 2023. 

Financial partnerships between Chinese money laundering organizations (CMLO) and Mexican cartels have made it more challenging for US law enforcement agencies to track the movements of drug money. Financial sanctions have so far proven an effective tool in reducing the growth in crypto-denominated fentanyl sales and should be used more frequently by the US government to tactically disrupt the trade of fentanyl and other illicit drugs.

Article continues on the Atlantic Council website.

Buyer Beware: Bad Actors Exploit De Minimis Shipments

What the American public needs to know and how CBP is tackling the problem

Read the full article on the US Customs and Border Protection website.

Contrary to popular belief, good things do not always come in small packages. In fiscal year 2023, 85% of the shipments U.S. Customs and Border Protection seized for health and safety violations were small packages. The packages contained dangerous materials that could cause serious harm to American consumers and the U.S. economy. Propelled by online shopping, duty-free de minimis shipmentsโ€”packages with an aggregate value of $800 or lessโ€”are skyrocketing and putting consumers at risk.

Currently, de minimis shipments account for 92% of all cargo entering the U.S. and that figure is growing in epic proportions. CBP processes approximately 4 million de minimis shipments a day, up from 2.8 million last year. Bad actors are exploiting this explosion in volume to traffic counterfeits, dangerous narcotics, and other illicit goods including precursor chemicals and materials such as pill presses and die molds used to manufacture fentanyl and other synthetic drugs that are killing Americans.

The majority of the more than 1 billion de minimis shipments CBP processed last year were in the air environment. Roughly 800 million, or 88%, of these shipments arrived through international mail; express courier services such as UPS, DHL, and FedEx; or were transported as cargo on commercial airline flights. At John F. Kennedy International Airport in New York where 25% of all de minimis shipments are processed, the volume is staggering. โ€œOn any given day, we could receive and process 750,000 to a million de minimis shipments,โ€ said Andrew Renna, Assistant Port Director for Cargo Operations at JFK Airport. Along with four express courier facilities, the airport houses the countryโ€™s largest by volume international mail facility where 60% of international mail arrives in the U.S. โ€œWe have limited resources,โ€ said Renna. โ€œWe only have X number of staff. There is no physical way if I doubled or even tripled my staffing that I could look at a significant percentage of that. So due to the volume, itโ€™s a very exploitable mode of entry into the U.S.โ€

De minimis shipments account for 92% of all cargo entering the U.S. Above, CBP officers are offloading de minimis shipments from a plane at Los Angeles International Airport. Photo by Ya-Huei Laura Lee

โ€œDe minimis,โ€ a Latin expression that means trivial or so minor that something can be disregarded, is anything but in the trade realm. Bad actors employ a number of techniques to smuggle items or evade paying duties. Undervaluation of goods, misclassification of merchandise, inaccurate or vague cargo descriptions, and describing products as something innocuous when, in fact, theyโ€™re harmful are just a few of the tactics. 

โ€œWeโ€™ve encountered shipments that have been declared as footwear and jackets, but found smuggled beef, pork, and poultry animal products instead,โ€ said Renna. โ€œThe products are prohibited in the United States because of the risk of foreign animal disease. Should an animal disease outbreak occur in the United States, it could have significant impact on the U.S. economy and the world economy. Any disruption to the food supply chain causes economic harm,โ€ said Renna. โ€œJust this year so far at JFK, we have seized over 33,000 pounds of prohibited animal products in the de minimis environment. Many of the countries that weโ€™ve seized this from are affected by African swine fever, foot-and-mouth disease, and avian influenza or bird flu. The beef, pork, and poultry industries are collectively worth over $200 billion annually in the U.S. and they support millions of jobs. So in just this one area, where de minimis is being exploited, itโ€™s harmful to our domestic agriculture supply.โ€

Article continues on the US Border Protection website.

Fentanyl trafficking is big business in the Queen City. Feds want to run it dry.

Read the original article on the Charlotte Observer website.

By Julia Coin of the Charlotte Observer.

Charlotte, a U.S. banking hub, was one of the first cities targeted in by a federal Treasury Department program aimed at shutting down fentanyl suppliersโ€™ businesses.

Charlotteโ€™s fentanyl problem has prompted federal attention and intervention. Officials involved in a U.S. Treasury program rolled out under President Joe Biden met in Charlotte Wednesday to join private and public leaders โ€” from federal agents to sheriffs to bankers โ€” to learn how to better shut down fentanyl traffickersโ€™ business operations.

Charlotte โ€” the countryโ€™s second-largest banking center โ€” was one of the first seven U.S. cities the program, called PROTECT, visited since it launched in May. It is focused almost entirely on finding fentanyl dealers and suppliers and severing them from their money.

The U.S. Attorneyโ€™s Office for the Western District of North Carolina has a similar program in place, but the federal involvement will enhance how information is shared between private and public sectors โ€” or between federal agents, sheriffs and bankers, officials said. It is designed to give prosecutors more insight into how dealers move money, from quick ATM deposits to big bank account transfers.

Fentanyl has killed 37,000 North Carolinans in the last two decades, according to N.C. Department of Justice data.

The highly addictive and lethal synthetic opioid has flooded communities around Charlotte and overwhelmed local jails, police departments, courts and even classrooms, The Charlotte Observer previously reported.

Grassroots organizations, like the nonprofit Fentanyl Victims Network of North Carolina, tackle the trickle-down effect of fentanylโ€™s pervasiveness.

โ€œA person like me โ€” a person with a dead kid โ€” Iโ€™m worried about getting dealers off the street,โ€ said Barb Walsh, the executive director of the nonprofit.

The U.S. Treasury Department exists in a different sphere, she said, but those spheres canโ€™t stay separate for much longer.

โ€œIf thereโ€™s nobody else at the national level trying to help,โ€ she said, โ€œthen what weโ€™re doing wonโ€™t matter.โ€

Deputy Secretary of the Treasury Wally Adeyemo, in an interview with The Charlotte Observer, said the department is focused on cutting the drug off at its source.

โ€œIf you are a drug dealer or if you are someone whoโ€™s running a distribution network,โ€ he said, โ€œyou should know, and your family should know that weโ€™re going to come after the money you are making by selling these drugs into these communities and killing our local citizens.โ€

Use of opioid overdose antidote by laypersons rose 43% from 2020 to 2022, study finds

CNN โ€” 

After years of continuously rising opioid overdoses, the US Centers for Disease Control and Prevention reported that overdose deaths decreased 3% in 2023, the first annual decrease since 2018. A new study shows how the increased administration of naloxone by non-medical laypersons โ€“ or bystanders with little to no medical training โ€“ could be one factor contributing to this decline.

Naloxone, best known by the brand name Narcan, became available over the counter last fall.ย 

Making naloxone, a drug used to reverse opioid overdose thatโ€™s commonly known as Narcan, more widely available has been part of concentrated efforts to increase layperson intervention.

The new study, published Monday in the journal JAMA Network Open, says that from June 2020 to June 2022, emergency medical services reported 744,078 patients receiving naloxone across the US. The researchers found that EMS-documented naloxone administration rates fell 6.1% in this period, but the percentage of people who got naloxone from a layperson before EMS arrival increased 43.5%.

Continue reading “Use of opioid overdose antidote by laypersons rose 43% from 2020 to 2022, study finds”

Ayden man faces decade behind bars for trafficking fentanyl, fined heavily

EASTERN NORTH CAROLINA โ€” An Ayden man was sentenced to the NC Department of Adult Corrections after pleading guilty to trafficking fentanyl, according to District Attorney Scott Thomas.

Marvin Murphy (Photo: State of North Carolina p General Court of Justice)

41-year-old Marvin Murphy was sentenced to a serve 7.5 to 10 years behind bars. In addition, Murphy was also ordered to pay a $100,000 fine.

Back in the summer of 2022, Morehead City and Carteret County detectives conducted controlled undercover buys from Murphy. This included the purchase of what was believed to be heroin for a total of $1,000 in marked cash. Murphy was later arrested after officials obtained warrants.

Testing by the NC State Crime Lab confirmed the substance was 27.99 grams of fentanyl. Officials say it was just under the highest-level trafficking weight.

The Morehead City Police Department and Carteret County Sheriff’s Office was the investigatory agencies. Assistant District Attorney David Spence prosecuted the case for the state and Superior Court Judge William Bland presided over the matter.

Social Media Fentanyl Dealer and Blood Gang Member Sentenced to 12 Years in Prison

Read the orignal article on the US Attorney’s Office Eastern District website.

WILMINGTON, N.C. โ€“ A Raleigh fentanyl dealer who used social media platforms to advertise his product was sentenced to 144 months in prison, which includes an enhancement for the defendantโ€™s attempts to intimidate government witnesses. On April 25, 2024, Axel Rodriguez a/k/a โ€œFlash,โ€ age 23, pled guilty to conspiracy and trafficking of fentanyl.

โ€œDrug traffickers are increasingly pushing deadly fake pills through social media.ย  Theyโ€™ve learned they donโ€™t need to stand on street corners when they can reach kids on their smart phones,โ€ said U.S. Attorney Michael Easley.ย โ€œCounterfeit Oxycontin, Percocet, and Xanax sold on social media are driving addiction and overdose death.ย Itโ€™s time to get the word out and warn kids of the risks.โ€

According to court documents and other information presented in court, in March 2023, Rodriguez became the subject of a Federal Bureau of Investigation (FBI) and Raleigh Police Department (RPD) investigation after he was identified as selling fentanyl in the Raleigh area using his Instagram account. Rodriguez regularly used his Instagram account to post pictures of the pills he was selling, as well as guns. Rodriguez would advertise that he was able to sell โ€œK packsโ€ of fentanyl pills, which is slang for 1,000 pills. Investigators reviewed Rodriguezโ€™s Instagram account and observed numerous posts of firearms, gang members with firearms, and fentanyl pills for sale.

The investigation revealed Rodriguez was obtaining thousands of pills at a time and then distributing them in the Raleigh area. Between March and May of 2023, investigators conducted multiple controlled purchases of blue pills marked โ€œM-30โ€ from Rodriguez. For example, on March 13, 2023, investigators purchased 25 pills marked โ€œM30.โ€ The confidential informant reported that he observed four firearms in Rodriguezโ€™s vehicle during that transaction. The pills tested positive for the presence of fentanyl.

Continue reading “Social Media Fentanyl Dealer and Blood Gang Member Sentenced to 12 Years in Prison”
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