State Declines To Rule In Mistaken Death Case

RALEIGH, N.C. — The state decided not to make a decision in the case of an EMS worker who mistakenly declared a man dead.

Randy Kearney is fighting to get his EMS credentials back. His case has bounced back and forth between decision makers. Now, the state is sending it back to an administrative law judge to hear the merits of the case.

Kearney's attorneys said he responded as a volunteer firefighter the night Larry Donnell Green was hit by a car.

Green was found breathing at the morgue hours after he was declared dead.