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Attorney: Harnett County Sheriff's Office insurer will pay $6 million to 6 families to settle excessive force suit

The Harnett County Sheriff's Office agreed Wednesday to a $6 million settlement with six families who had charged the office with a pattern of excessive use of force, according to Raleigh-based attorney Raleigh-based attorney Robert Zaytoun, who represents the plaintiffs.

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By
Cullen Browder, Matt Talhelm
and
Amanda Lamb, WRAL reporters
RICHMOND, VA. — The insurer for the Harnett County Sheriff's Office agreed Wednesday to a $6 million settlement with six families who had charged the office with a pattern of excessive use of force, according to Raleigh-based attorney Robert Zaytoun, who represents the plaintiffs.
The lawsuit was filed by the family of John David Livingston – shot and killed by a Harnett County deputy in November 2015 – and five others who alleged excessive use of force by the department.

“This went all the way up to the top. It was condoned, it was enabled, at the highest reaches of the Harnett County Sheriff's Office," Zaytoun said, calling it "an anti-rogue law enforcement case."

He called for better training of officers, to include psychological training.

"We need better screening of officers to determine whether they have the mental constitution to honor the badge and not let their badge become subservient to their egos," he said.

The award of $6 million is the full amount of insurance coverage the sheriff's office carries.

"We demanded the full policy limits. They agreed to accept it," Zaytoun said.

"We would have asked the jury for $50 million without even hesitation," he said, "and had the jury returned a verdict in excess of the insurance coverage, then the citizens of Harnett County would have borne the brunt of that financial burden."

The suit outlines 43 causes of action against the defendants – Deputies Nicholas Kehagias, Michael Klingman, John Werbelow, John Knight, Sheriff Wayne Coats and former Sheriff Larry Rollins.

Coats, the current sheriff, issued a statement of support for the law enforcement officers who were his co-defendants.

"This settlement is not in any way an admission of guilt to any actions of the deputies. Although I was not the sheriff at the time of the incidents, I still support the men that were involved and I believe they acted appropriately," he said.

Livingston shot by deputy in Nov. 2015

Kehagias fatally shot John David Livingston, 33, on Livingston's front porch on Nov. 15, 2015. Witnesses said Kehagias barged into the home that night after Livingston told him the person he was looking for didn't live there, and the deputy then yanked him out of a chair, threw him to the ground, repeatedly used a stun gun and pepper spray on him and even put a gun to his head.
Kehagias, who resigned from the force seven months later, said he was forced to shoot Livingston when Livingston grabbed his stun gun and tried to use it on him. Witnesses said Livingston never had control of the stun gun, but a grand jury declined to indict Kehagias on any criminal charge.

In addition to Livingston, other plaintiffs are the families of Tyrone Bethune, Michael Cardwell, Christine Broom, Ryan Holloway and Wesley Wright.

Bethune, Holloway cuffed, searched by deputy

Bethune, who is also known as King Knowledge-El, was at home with his cousin, Holloway in July 2015 when, according to the suit, Kehaigas knocked on the door to say he was responding to a 911 call. Bethune and Holloway say no such call was ever made.

After Holloway briefly spoke with Kehagias outside, the then-deputy stood in the doorway so the occupants could not close it. When Bethune pushed the door against Kehagias' foot, the suit says, "Kehagias then reacted y forcefully pushing the door open, grabbing Holloway and forcibly pulling him onto the porch."

The lawsuit alleges that Bethune tried to record Kehagias' actions on his cellphone only to be body-slammed onto the wooden porch.

Cardwell tackled, pepper-sprayed after mental health call

A 911 dispatcher told deputies that Cardwell, a 66-year-old military veteran, called 911 in May 2015 because he was emotionally distressed and worried he might hurt himself.

The suit says, "Cardwell became uneasy seeing the three police cars and three large, intimidating officers advancing toward him."

When Cardwell turned to go inside, according to the lawsuit, he threw a can into the bed of his pickup truck.

"Kehagias immediately responded by bull-rushing Cardwell, grabbing his arms, and pinning Cardwell’s body against the tailgate of the truck. Kehagias’ arms were wrapped forcibly around Cardwell’s upper body such that Cardwell’s arms were completely pinned against his sides," the suit says.

According to published reports, Kehagias broke one of Cardwell's ribs and one of his legs, and he and the other deputies pepper-sprayed Cardwell several times.

Wright slammed, pinned and pepper-sprayed

Wright was at his uncle's home celebrating a relative's birthday in September 2015 when Kehagias arrived to investigate a noise complaint.

According to the lawsuit, Kehagias pointed his gun at Wright, then "multiple witnesses watched as Kehagias violently and repeatedly slammed Wright’s body onto the wooden porch railings, down the porch walkway, and into the front yard. Kehagias then lifted Wright up and slammed him facedown against the patrol car. Kehagias then body slammed him onto the ground."

Broom blames deputies for break-in

Klingman, who is listed as a defendant in the suit, and another deputy responded to a call at Broom's home in January 2015, when her tenant complained that he was not allowed entry.

According to the suit, "Broom then watched in shock, disbelief, and fear" as the deputies helped the man break into her home.

Once inside, the lawsuit says, Klingman arrested Broom for resisting a public officer. He "forcibly grabbed parts of Broom’s body, including her arms and hands."

Livingston's son speaks exclusively with WRAL

John Livingston Jr. spoke exclusively with WRAL's Matt Talhelm Thursday night, describing his emotions about his father being taken and what the settlement means to his family.

"He was my number one best friend and I’d love to show him how good I’m trying to do," Livingston Jr. said. "He was always hard working. He did everything for us – me, my brother, my sister. He always looked out for us."

Livingston Jr. says he hopes speaking out will help to avoid this happening in the future.

"I don’t want it happening again to somebody else," he said. "I just hope there’s justice for all the police brutality out there. I think a lot of its overlooked."

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