Grand Jury Refused to Indict a Sheriff Deputy who Fatally Shot a Man

By Staff Writer | Apr 13, 2016 08:22 AM EDT

The grand jury in Harnett County will not indict a sheriff's deputy officer who fatally shot a man on his home porch. Families and friends of the victim had been protesting the justice they want over the killing for months.

The representing lawyer for Deputy Nichols Kehagias asked, a judge, if the defendant could testify before grand jury and consider the charges. However, a judge on the Grand jury proceedings for the Harnett County Deputy officer, rejected the request on Monday, ABC News reported.

On the 15th of November last year, Kehagias fatally shot John Livingston II while on the porch of his home. Witnesses claims, the victim declined to let Kehagias to enter his home as the officer wants to search his home, looking and investigating for the suspect of an assault incident. The sheriff deputy has no search warrant at the time.

Livingston II, who was 33-years old and a father of three, told the deputy officer to leave. However, an argument started after Livingston close on Kehagias' foot on the door, WNCN reported. Livingston's roommate at his Spring Lake home said, Kehagias, along with other officer, John Werbelow forced themselves inside their home, by kicking the door open.

However, court records stated, the victim picked the stun gun Kehagias dropped and electrified him. Authorities said, Kehagias shot Livingston three times after being shocked. The other officer involved on the incident, Werbelow has a family members working in Harnett County Sheriff's office and county's district attorney. I don't feel we could get a fair trial," Carmen Saylor, a friend of Livingston said.

According to Fayobserver.com, Livingston's family said they are planning to fight it over on a civil case. The mother of the victim, Kathy Livingston said on a press conference on Tuesday, they will pursue the case in civil court.

"We are very disappointed, naturally, after the grand jury's failure to indict in a case," Robert Zaytoun, the lawyer for the family said. However, despite the the news, Livingston's supporters will hold another demonstration outside the courthouse on Monday as the grand jury is hearing the case.

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