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Family of dead Harnett man to sue deputy

One day after a Harnett County grand jury declined to initiate criminal charges against a deputy involved in a fatal shooting last fall, the dead man's family said Tuesday they will press their case in civil court through a lawsuit.

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LILLINGTON, N.C. — One day after a Harnett County grand jury declined to initiate criminal charges against a deputy involved in a fatal shooting last fall, the dead man's family said Tuesday they will press their case in civil court through a lawsuit.

John Livingston, 33, was shot and killed on the front porch of his Spring Lake home Nov. 15 by Deputy Nicholas Kehagias.

Deputies arrived at Livingston's Everett Street home to investigate a reported assault. Witnesses say Livingston told deputies the couple they were looking for didn't live there, and when deputies asked to search the home, he refused because they didn't have a search warrant.

Authorities said Livingston then became combative and was shot.

The grand jury decided there wasn't enough evidence of wrongdoing to indict Kehagias, which upset Livingston's family and friends.

"We certainly believe there was probable cause that a crime was committed," family attorney Robert Zaytoun said at a news conference, "based upon what I think is going to be uncontroverted (evidence) about what happened and what placed those deputies in the home wrongfully of John Livingston."

Livingston's mother stood next to Zaytoun during the news conference at the Harnett County Courthouse, but she declined to comment.

Zaytoun said the family would pursue the lawsuit outside of Harnett County.

"We're looking at all of the potentially responsible parties, including those directly responsible for the death or those who could have prevented it, all with an investigative eye," he said.

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