Prosecute NC Deputy for Forced Entry Without a Warrant, Killing Innocent Father of Three

  • by: Susan V
  • recipient: Harnett County, North Carolina District Attorney Vernon Stewart

Deputies in Harnett County, North Carolina reportedly broke down a door and killed John Livingston, after he insisted they have a warrant before entering his home. In the end, Livingston, a father of three young children, was not the one police were looking for.

In an interview with WNCN Livingston’s roommate, Clayton Carroll, said “The cop kicked in the door, got on top of him, started slinging him around [and] beat him…” Next, according to the report, Carroll witnessed deputies spraying Livingston with mace and tasering him.

According to Carroll’s testimony to the press, Livingston was shot 6 times, apparently because he was trying to get the taser out of the officer’s hand, and it went off, perhaps tasering the officer. We can't be certain, based on the reports, of what actually happened, but Carroll made it clear that the person the deputies were looking for no longer lived at their residence. And a warrant wasn't issued until after Livingston was killed.

WNCN says the State Bureau of Investigation’s “final report is pending autopsy, ballistic and lab results." Afterward it will be up to the county’s District Attorney to decide whether or not to pursue charges against the officers.

A clear message needs to be sent to all NC officers that forcefully entering a home without a warrant is an egregious violation of the Fourth Amendment and will not be tolerated. Sign this petition to insist Harnett County DA file charges against these officers.

To Harnett County District Attorney Vernon Stewart:


Based on reported testimony by witnesses of the killing of John Livingston, and news reports, Harnett County Sheriff’s Deputy Nicholas Kehagias allegedly broke down the door of Livingston and Carroll’s residence without having obtained in advance a warrant to either enter or search the premises. Then Kehagias allegedly attacked and fatally shot Livingston.


Based on an updated report by WNCN, which provides scanned copies of documents, Kehagias, after killing Livingston, filed a report on the incident and obtained a search warrant. What is concerning about this document is that the report seems to contradict witness testimony about the break in, with deputies alleging Livingston had given them permission to enter. The scanned document also mentions that others inside the home at the time may have filmed the attack on Livingston. This raises the question of whether or not deputies obtained the warrant in order to confiscate evidence that could be used against them.


Whatever transpired, it seems clear that Livingston was not the man deputies were looking for, and even if he had been, a warrant was required to search the home.


Now three young children are without a father. According to WNCN, Livingston’s son and namesake told reporters that “his father was his best friend.”


This is a tragedy that should never have happened and would likely not have, had the deputies obeyed the law.


The website for Harnett County District Attorney’s Office says: “It is the duty of this office to represent the State of North Carolina with integrity and professionalism, while protecting victims and their rights, in the pursuit of justice.”


If the reports and witness accounts are accurate, John Livingston's rights were not protected during the deputies "pursuit of justice."


We, the undersigned, demand justice for John Livingston and his family and insist your office prosecute these deputies for his death.

Update #18 years ago
In an ABC 11 News report on Livingston's funeral, a friend of Livingston's told reporters that the two had worked together in construction and had just finished a home for Habitat for Humanity. Also, Livingston's family told reporters that details about what happened the night deputies shot Livingston dead were being withheld from them. Please continue to demand prosecution of the officer who broke into Livingston's house without a warrant and allegedly beat him before shooting him dead.
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