'If you can talk, you can breathe': Video shows police ignoring black prisoner's pleas before he dies from lack of oxygen

Community holds vigil for prisoner seen on video begging for air while held down in controversial restraint for 19 minutes

A North Carolina judge has released video of a black prisoner pleading for oxygen as police officers held him down in a controversial restraint, before he later died from injuries sustained during the fatal incident.

John Neville was found by another inmate in the early morning on 2 December 2019 after having reportedly suffering a medical emergency and falling off the top off the bunk bed in his cell.

The inmate flagged police officers, and a special response team was dispatched to Neville’s cell. He was restrained and held down to chair with a bag over his face and wrists behind his back as he was seemingly transported to a separate room apart from other prisoners.

Sheriff’s deputies could then be seen placing Neville in the isolated unit and restraining him for 19 minutes, his ankles raised to his wrists and tied behind his back. Neville begged for help, telling officers he couldn’t breathe at least 30 times. At one point, an officer can be heard saying: "If you can talk, you can breathe."

Two days later, Neville died in hospital. He reportedly suffered a heart attack and asphyxia because of the prone restraint. According to a medical examiner, Neville’s death was the result of a brain injury he sustained after losing oxygen as he was held face down by the group of officers.

All five responding officers have been charged with involuntary manslaughter, along with a nurse who was also seen in the video released on Wednesday.

Attorneys for Neville’s family have since demanded reforms in the wake of the prisoner’s death, while encouraging the local community to proceed with planned vigils and protests.

"The sheriff has acknowledged that mistakes were made, and that means a lot to the family. It won't bring John Neville back," Michael Grace, an attorney for the Neville family, said in a statement, adding that the Neville family has joined recent protests near the courthouse in Winston-Salem. “We think protesting is necessary in these situations.”

The family also planned to pursue legal action against the county, the district attorney and a private medical company contracted to care for prisoners held by the Forsyth County Sheriff’s Office.

Footage showing Neville’s restraint was released following a lengthy legal battle in which lawyers for the district attorney insisted it remained sealed.

Still, Forsyth County Superior Court Judge R. Gregory Horne ordered the release on Friday, writing in his decision: “The alleged actions, occurring while Neville was in custody, relate to a matter of significant local, state and national public interest, and the release of the recording is necessary to advance a compelling public interest."

The Winston-Salem community has backed the Neville family’s calls for change, holding a vigil in Bailey Park after a judge ordered the release of the videos.

Allen Jones, mayor of Winston-Salem, also called for calm after the videos were released, writing in a statement: “Let us follow the example of the Neville family and put the good of the community before our own emotions. For justice to prevail we have to allow the judicial process to move forward.”

“We are living in challenging times and this is a difficult day for our city. The video of Mr. Neville’s death is painful to watch, and understandably, it is giving rise to strong emotions,” the mayor said. “Anyone who has seen the video can fully understand why the Neville family initially asked that the video remain private. And yet they have put the community’s need for transparency above their own need for privacy.”