Deadly Force and Resisting a Public Officer

Published for NC Criminal Law on May 04, 2016.

The N&O series: Deadly Force. Today the News and Observer published the last article of its four part investigative series Deadly Force, a series that chronicles numerous physical confrontations between Harnett County sheriff’s deputies and citizens and the deaths and injuries that resulted. The first article in the series recounted the events leading to John Livingston’s death. Sheriff’s deputies investigating a minor assault knocked on the door of Livingston’s home at 3:40 a.m. Livingston opened the door and one of the deputies, Nicholas Kehagias, leaned into the door frame and put his foot on the threshold. Kehagias told Livingston who he was looking for. Livingston told the deputy neither person was there. Kehagias reportedly said he wanted to look inside. Livingston asked if he had a search warrant. He did not. Livingston said he was going to bed and tried to slam the door closed. The door hit Kehagias’s foot and arm. Believing that he had been unlawfully assaulted, the deputy rushed inside and tried to arrest Livingston. Livingston resisted. Kehagias used his Taser on Livingston. A scuffle ensued. Livingston picked up the Taser and pushed it into Kehagias’s chest. Kehagias shot Livingston three times. He died before paramedics arrived. The second article in series described a physical encounter between another Harnett County resident and Deputy Kehagias. That encounter began when 66-year-old Michael Cardwell called 911 because he was having suicidal thoughts.  Three deputies, Kehagias among them, drove to Caldwell’s home in three separate patrol cars. Caldwell said he became nervous about the number [...]