Deputies Chris Roth, Katie Broda and Kevin Hinton resigned in September, about two weeks after they were accused of harassing and beating Robert Wise outside a Garner Applebee's on Aug. 26.
The grand jury returned a true presentment of the case Tuesday, meaning that members believe some criminal activity might have occurred. It also asked prosecutors to continue investigating the case and bring additional evidence to them at a later date to consider an indictment.
Wise said he, his wife and 11-year-old daughter were leaving the restaurant when a man came up to their car window and started yelling at them about taking up two parking spaces.
Wise said the man did not identify himself as a law enforcement officer and tried to pull him out of his car. He said he was beaten, pepper sprayed and handcuffed before being taken to a local hospital for treatment.
Roth had been with the sheriff's department for nine years, Hinton for seven and Broda for five.
The State Bureau of Investigation and the Wake County District Attorney's Office investigated the case at the request of Sheriff Donnie Harrison.