She drowned in an Horry County Sheriff van. Now, her family is suing those involved
Horry County officials and members of the Sheriff’s Office are to blame for the death of a woman trapped in the back of a transport van swept off the road by Hurricane Florence floodwaters, her family claims.
Linda Green, Nikki Green’s mother, filed a civil lawsuit in federal court on Friday over the Sept. 18, 2018, incident that left two women dead. The filing says not only are the two deputies who drove the van responsible, but so is the county for removing an exit and installing a cage inside the transport vehicle.
“The whole thing is just a piercing, never-ending, retching hole in my heart, my mind and my psyche,” Linda Green told The Sun News.
Nikki Green and Wendy Newton were under court orders for transport from Horry County to mental health care facilities in other parts of South Carolina. The women were patients and not criminally charged.
The Horry County Sheriff’s Office provides mental health transport and on Sept. 18, picked up the two women.
Deputy Stephen Flood drove the van, and deputy Joshua Bishop was the passenger. Investigators say a meeting happened between Sheriff’s department supervisors and Flood and Bishop were told not to take a route through Nichols. They were warned floodwaters made several roads impassable.
Lawyers for the two deputies say the meeting never took place.
Outside of Nichols, the deputies drove around a National Guard barricade and into floodwaters. The van was swept off the road and against a guardrail as the water level rose.
Bishop freed himself from the van and tried to free the women from the back of the van, but was not successful. He shot the lock but couldn’t gain access to the compartment that held the mental health patients. He then returned to Flood, who was stuck in a partially-rolled-down window, and helped free his partner. The two deputies then waited on top of the van for rescue.
Inside, Nikki Green and Newton drowned.
Linda Green said the past 18 months have been difficult for her family and Nikki Green’s children. The holiday season is especially challenging as it also marks Nikki’s birthday on Dec. 27.
“Just the mention of her name and we all start crying,” Linda Green said.
Newest civil lawsuit
The Green family’s case is the second civil lawsuit over the incident. The Green lawsuit names Horry County, the Horry County Sheriff’s Office, Sheriff Phillip Thompson, deputies Flood and Bishop and deputy Elizabeth Orlando as defendants. Orlando was the supervisor of the transportation unit.
Nikki Green was named in the filing as Nicholete Tanyja Eugenua French, her married name.
The Newton family filed a similar lawsuit in August.
“Hoping to avoid a longer route, Defendants Flood and Bishop drove the vehicle through miles of rising floodwater. Eventually, the vehicle became stuck and water rendered the caged compartment’s single exit door inoperable,” the suit reads.
The filing also alleges Horry County made modifications to the van after buying it from the manufacturer. The modifications included eliminating a potential exit.
There was also a locked metal gate inside the van, the filing states. Investigators have not determined if Flood or Bishop had a key.
Horry County allowed mental health patients to be kept in the vehicle’s caged area, without a medical professional determining if the restraint was necessary, the Green suit states.
Green’s family argues that Thompson and Orlando had a duty to supervise and train deputies to provide safe transportation and emergency evacuation procedures.
The suit alleges wrongful death and asks for an unspecified amount of money.
“For approximately one hour, Mrs. French and Ms. Newton remained trapped as water steadily rose to the top of their small, caged compartment, causing them conscious pain and suffering, great emotional distress and ultimately death by drowning,” the suit states.
Horry County spokeswoman Kelly Moore said it’s county policy not to comment on matters of pending litigation. Bishop’s attorney Bert von Hermann declined to comment.
Flood’s lawyer and Horry County Sheriff’s Office spokeswoman Brooke Holden did not respond in time for this report.
Prosecutors charged Bishop and Flood after an investigation by the South Carolina Law Enforcement Division. Their cases remain active. Flood faces two counts of reckless homicide and two counts of involuntary manslaughter. Bishop faces two counts of involuntary manslaughter.
Reckless homicide is punishable by up to 10 years in prison. Involuntary manslaughter can be punished by up to five years incarceration.
This story was originally published December 13, 2019 at 3:43 PM with the headline "She drowned in an Horry County Sheriff van. Now, her family is suing those involved."
