The Daily Record
By TOM WOERNER
Of The Record Staff
A Superior Court judge delayed a decision Monday on whether to force the local district attorney’s office to turn over material in the case of a Harnett County Sheriff’s deputy who shot and killed a man late last year.
Judge Gayle Adams of Cumberland County said she needs more time to review the more than three hours of evidence and extensive paperwork presented by lawyers for the family of the late John Livingston and the office of Harnett County District Attorney Vernon Stewart.
She said it will likely take at least two weeks before she renders a decision in the case.
Mr. Livingston, 33, was shot by Deputy Nicholas Kehagias at the Anderson Creek man’s home in November. The shooting occurred after Deputy Kehagias attempted to enter Mr. Livingston’s home, allegedly without a search warrant.
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sented by the Zaytoun law firm in Raleigh, has filed a suit against the District attorney’s office as well as the Harnett County Sheriff’s Office.
The suit demands that Mr. Stewart’s office turn over all his files relating to the case to the Livingston family. That includes any investigations he has conducted as well as records of the investigation conducted by the Harnett County Sheriff’s Office and the North Carolina SBI.
“I need to review the files and I need to review all the material presented in this case,” Judge Adams said.
Superior Court Judge Mary Anne Talley recently ordered all records be turned over. Mr. Stewart filed a motion, heard Monday, for a stay in Judge Talley’s order, meaning he would not have to release the information.
“The district attorney says there are matters that should not be made public,” said Lillington attorney Ed Bain, representing Mr. Stewart. “He doesn’t want private records spread in the media, on Facebook or other social media and spread out for all of God’s creation to hear.
“Investigative files are not public information. There has to be some protection to keep this information from being spread in the newspapers,” he argued.
He said the ruling gives Judge Talley too much power.
“In the absence of a stay in this case Judge Talley becomes the Supreme Court of the United States,” Mr. Bain said.
“This is public records and we are entitled to this information,” attorney Robert Zaytoun said. “We need this information for the federal suit that we will be filing in the future.”
The judge delayed two other decisions as well.
Both Harnett County, on behalf of the sheriff’s office, and Deputy John Werbelow, have filed similar complaints, also asking that Mr. Stewart be able to keep the records private. Deputy Werbelow was on the scene when Mr. Livingston was shot.
He was represented in court by his attorney Monday. Harnett County also had an attorney on hand. Harnett County Board of Commissioners Chairman Jim Burgin sat through most of the proceedings Monday.
The Harnett County Sheriff’s Office was also represented in court by Maj. Gary McNeill.
Mr. Zaytoun’s partner, Matthew Ballew, said the Livingston case was an indication of a bigger problem at the sheriff’s office.
“We represent plaintiff’s who have been damaged by rogue deputies at the Harnett County Sheriff’s Department,” Mr. Ballew said.
“They are trying to make the honorable sheriff’s department look like dogs,” Mr. Bain said.
Judge Adams asked Mr. Bain to sit down at one point when he contested a point by Mr. Zaytoun, saying part of what was said wasn’t true.
“I resent being called a liar,” Mr. Bain said before returning to his seat.
A large contingent of Mr. Livingston’s family and friends sat in court throughout Monday’s decision.
“We want to show support for the family,” Julia Ross said. “We also want people to listen. We have been ignored by different law enforcement agencies in the county.”
A large crowd, shown above, including Harnett County Board of Commissioner’s Chairman Jim Burgin, at left, was in Superior Court at the Harnett County Courthouse Monday for hearings in the civil suit involving the family of John Livingston who was shot and killed by a Harnett County Sheriff’s deputy last year. At right, local attorney Ed Bain is shown making arguments on behalf of his client, District Attorney Vernon Stewart.
Daily Record Photos/Tom Woerner
