SACRAMENTO, Calif. — A last-minute witness jolted the trial of a man suing Amtrak and a Marysville hospital after his legs were cut off by a passing train as he lay on the tracks early on Christmas Eve 2016.
Joseph Nevis is suing Amtrak, Marysville’s Rideout Hospital and an emergency room doctor for $32 million over the incident, an event that occurred after Yuba City police found him on the street and had him taken to the hospital as being too intoxicated for jail.
Nevis has testified that he has no memory of what happened to him that night or how he ended up on the train tracks after leaving the hospital, but a family friend testified in Sacramento federal court Tuesday that Nevis told her years ago he was trying to kill himself.
“I asked him how it happened, how something like that could happen,” Emily Hilbers, a 27-year-old resident of the Sutter County community of Meridian, said under oath before U.S. District Judge Dale Drozd and assembled attorneys — but not the jury. “He said he intended to take his life.”
Hilbers' testimony came as attorneys had been planning to wrap up their cases after three weeks and deliver closing arguments Wednesday morning.
But that schedule was upended when the judge agreed to allow Hilbers to come into the courtroom and tell her story with the jury dismissed for the day.
Nevis attorney Raymond McElfish objected to allowing Hilbers to testify, arguing that lawyers for the defense have had years to depose Nevis family members and friends and now were trying to bring in a new witness long after the pretrial deadline.
“This could potentially be mistrial material, given its explosive nature,” McElfish told Drozd.
But Rideout attorneys Bob Zimmerman and Chad Couchot argued that there was no way they could have known about Hilbers and her claims before now, saying they first learned of her story this week after retrieving a voicemail that had been left for Zimmerman on Oct. 22.
In that voicemail, Hilbers said she had some information about a Rideout case, but did not specify which case she was calling about. Once Zimmerman spoke to Hilbers, the voicemail was turned over to McElfish, and Couchot notified the judge late Monday that they had a witness with information Nevis may have been intent on suicide the night he lost his legs.
Drozd ultimately called Hilbers into court just before 5 p.m. Tuesday, had her sworn in and allowed lawyers to begin questioning her to determine whether she should be allowed to testify in front of the jury while Nevis watched sitting near his service dog, Charlie.
Under questioning from Zimmerman, Hilbers said she knew nothing about the lawsuit until she heard someone talking about it on the “Armstrong & Getty” radio show.
“I pieced it together and thought, ‘Oh, no, he’s suing for ($32 million),” she said, adding later that she felt “as though I was watching someone that I know steal” millions from the defendants.
Hilbers said she knew Nevis because she was best friends growing up with his half sister, Samantha, and that sometime after the accident she was riding with the sister when Nevis called asking for a ride.
Hilbers said that occurred sometime between the December 2016 train incident and June 2017, pegging the timeline to an entry she had made in a journal at the time.
Nevis’ half sister was driving, with Hilbers in the passenger seat, as they picked Nevis up in Yuba City for the 15-minute ride, she said.
“That was the first time I had seen him with no legs,” she said. “I said, ‘You have no legs. What happened?’ And I thought I shouldn’t say things like that, I should be more sensitive. He said, ‘I got ran over by a train.’”
Hilbers said she remembered Nevis talking about the pain he endured and how he woke up on the train tracks with no legs and called out to a passer-by for help.
“It was heart-wrenching... ,” she said. “It broke my heart.”
Hilbers' testimony could be critical in a case where Nevis’ attorney is blaming the hospital, Dr. Hector Lopez and a nurse for allowing Nevis to leave the hospital that night, and for Amtrak’s engineers for not seeing Nevis on the tracks hours later in time to stop the passenger train.
Hilbers emphasized that she cannot remember Nevis’ exact words, but said she had no doubt about what he told her.
“It was clear from our conversation that he meant to take his own life and it didn’t work out in his favor,” she said. “He intended to commit suicide that evening.
“He told me that, and it’s not something you forget.”
Once McElfish got his turn to question her, he asked whether the ride occurred late at night, on a weekend, or whether she had been drinking at the time.
Hilbers said she had not consumed any alcohol, and that the ride was in the middle of the day.
“What I know is that he told me his intent was to take his life,” she said. “I asked him, how did he end up on the train tracks? It doesn’t make sense. His answer was he intended to take his life.”
“That could have meant anything,” McElfish replied, saying Hilbers was making assumptions. “It could have meant jumping off a bridge. It could have meant taking drugs.”
“My only goal in this is honesty,” Hilbers said, adding that she called Nevis’ half sister Monday night to tell her she would be testifying.
“Because I wanted to be up front about speaking the truth,” she said. “I was hoping she would tell the truth, too.
“When I spoke to Sam she didn’t say I’m wrong for doing this. She didn’t say I’m a liar. Her only concern was, he’s not going to get that much money. Don’t testify. Let it go.
“In all seriousness, there is nothing to gain and everything to lose by being here,” she added.
Drozd ultimately ordered her to return to court Wednesday morning to testify in front of the jury, but only after she assured him that she was not mistaken about what Nevis said.
“You’ve taken an oath,” the judge said somberly. “This is a very important matter. This case has been hanging for over five years. We’ve been in trial for three weeks.
“These are all important things. This is not about radio broadcasts. This isn’t about what you read in the newspaper. This is very important.”
“Your honor, I am positive,” Hilbers said. “There is no doubt in my mind that he told me he intended to take his life.”
The trial resumes Wednesday morning with Hilbers’ testimony, then three rebuttal witnesses McElfish said he intends to call. Closing arguments could begin Wednesday afternoon.
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