Death of Harnett Co. dad shot by deputy ruled homicide

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Credit: WNCN

HARNETT COUNTY, N.C. — The state medical examiner has classified a Harnett County man’s death as a homicide.

According to WNCN, 33-year-old John Livingston was shot three times in the chest and upper limbs on Nov. 15.

An autopsy report obtained by WNCN showed that both of Livingston’s lungs were injured in the shooting. In addition, Livingston’s body had evidence of “cocaine and excessive alcohol consumption.”

The incident started just before 3:40 a.m. when two deputies arrived at a home in Spring Lake to conduct an assault investigation.

Deputies did not have a search warrant for the home according to an affidavit.

The affidavit also confirmed that Livingston spoke to Deputy Nicholas Kehagais in front of the home while Deputy John Werbelow went to the back of the house.

At first, Livingston denied the deputies entry into the home but later granted consent.

Kehagais then reported seeing a vehicle that matched the description of a suspect wanted in connection with an assault investigation. When the deputy tried to arrest Livingston he fought back.

WNCN reported that Kehagais then used a stun gun on Livingston, but when that didn’t work Werbelow used pepper spray on him.

When Kehagais dropped his weapon while trying to handcuff Livingston, Livingston then began using the weapon against him, according to WNCN.

Livingston’s roommate, Clayton Carroll, told WNCN that Kehagais never dropped his weapon.

“He did not drop the Taser, the officer never dropped the Taser,” Carroll said.

According to court documents, Kehagais drew his weapon while being shocked by Livingston and then fired it three times at him.

After Livingston was shot, deputies said they began treating him immediately. EMS pronounced Livingston dead on the scene when they arrived.

During a search of the home, court documents show that four shell casings, one stun gun, one gun cartridge, a wallet and a set of keys were seized.