DARE COUNTY, N.C. — The family of a man who was fatally shot by a Dare County deputy in Manteo in October has filed a federal lawsuit.
The lawsuit, filed on Thursday, claims that Sylvester Demetrius Selby's constitutional rights were violated, that the deputy involved committed assault and battery against him, and that Selby's death was wrongful.
It shared an account of how the shooting of Selby unfolded that differs from the Dare County Sheriff's Office account of what happened, as well as a 911 transcript provided by the sheriff's office.
The lawsuit claims the incident began when someone called 911 requesting medical assistance for Selby for a stab wound at his family's home, contradicting the Dare County Sheriff's Office's claim that deputies came to the property in response to reports of trespassing.
When two deputies got there, they ordered Selby at gunpoint to exit the residence, despite "suffering from a stab wound to the heart," according to the lawsuit, which says he complied.
The lawsuit said one of the deputies pointed his flashlight at Selby once he was outside and saw that he was "holding a kitchen knife in one hand and an apple in the other hand" in a non-threatening manner. That same deputy saw blood dripping from Selby's chest, according to the lawsuit.
Following a verbal command from law enforcement, the lawsuit claims Selby raised both hands above his head and slowly walked down the front steps.
While walking down the steps, the lawsuit says Selby stumbled on the last step before reaching the ground and tripped over a bicycle, causing him to stumble. That's when the lawsuit claims one of the deputies fired his weapon from "approximately 25 feet" away.
The Dare County Sheriff's Office said in October that Selby was seen holding a knife and "came after" deputies before being shot and dying at the scene.
At no point has the sheriff's office said that Selby had been stabbed.
After being shot, the lawsuit says Selby tried to get off the ground by repositioning himself, but one of the deputies commanded him to stop moving.
"Mr. Selby was able to readjust his body whereby his hands and knees were on the ground," the lawsuit claims. "[The deputy] continued to yell for Mr. Selby to stop moving and eventually shot Mr. Selby two additional times while he was on his hands and knees."
The lawsuit continues: "Mr. Selby immediately fell on the ground and could be heard gargling off his own blood and gasping for air for several minutes before he died on the scene."
The lawsuit is seeking at least $4 million in compensatory and consequential damages, punitive damages, special damages to be determined in a jury trial, economic losses, and attorneys’ fees and the costs associated.
The deputy who shot Selby and Dare County Sheriff Doug Doughtie are named in the lawsuit. Civil rights attorney Harry Daniels is representing Selby's family.
13News Now reached out to the Sheriff's Office for a response to the lawsuit but we have not heard back.
The lawsuit comes weeks after 13News Now obtained the transcript from the 911 call that night.
In those documents, an un-named caller tells a 911 dispatcher that “he”, meaning Selby, was not supposed to be there.
The caller goes on to say a knife fell out of Selby’s pocket and that the caller grabbed it. The caller added quote “I don’t know what he’s on” and “I don’t know if he needs to take his medicine or what.”
The caller asked for an ambulance at least two times before agreeing to police assistance.
13News Now also reached out to NCSBI on Friday, asking if the agency was still investigating the case. A spokesperson said the agency was still "in the process of submitting the case file to the prosecutor for review." Then, the prosecutor will determine if criminal charges are appropriate.