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Grand Jury Recommends Further Investigation of...

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David Sivak
RAEFORD — A Hoke County grand jury hasruled that there is probable cause to believe a sheriff's deputy committedvoluntary manslaughter when he shot a man on Labor Day weekend.

The grand jurors recommended Tuesday that the Hoke County District Attorney'soffice investigate into the shooting of David Michael Sivak further.

The deputy, Frank Edward Hicks, has told investigators that he shotSivak when he tried to run over him with a van.

Hoke County Sheriff Wayne Byrd said he was ``floored'' by the grandjury's action.

He said deputies Tuesday were asking him what they are supposed to doin similar situations.

But Hicks' lawyer, Mike McGuinness of Elizabethtown, said he was relievedthe jury didn't take further steps.

``It is certainly a relief to know they have not acted on the entirecase and issued an indictment, because obviously that is much more complicatedand would start us into criminal proceedings,'' McGuinness said.

Sivak's sister-in-law, Dianne Miner, told WRAL's Terri Gruca she was"relieved they were going to do something about it, rather than nothingbeing done."

Miner says it's good something is being done, but it won't bring Sivakback.

McGuinness said he was disappointed that the deputy wasn't asked totestify at Tuesday's session. He said he hopes that will happen beforeany indictment is brought.

``He has voluntarily cooperated with SBI. He was glad to cooperate andhe would be delighted to continue to cooperate,'' McGuinness said.

Six SBI agents were among the witnesses testifying in the special sessionof the grand jury.

The shooting happened on the night of Aug. 29 after Sivak had earliereluded authorities during a chase. Later, the van was found and officersbegan searching nearby woods with tracking dogs while Hicks waited besidethe vehicle.

Investigators said Hicks told them that Sivak emerged from the woodsand ignored orders not to drive away. Hicks said he started shooting whenSivak tried to run over him.

From staff and wire reports

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