Harnett deputy who killed John Livingston resigns

Harnett County sheriff’s Deputy Nicholas Kehagias, who shot and killed a man at his home in November, is resigning, blaming his decision on a “dishonest media” and a “baseless lawsuit.”

Kehagias, 27, resigned as a patrol deputy seven months after he shot and killed John Livingston in a rural section of the county. His departure comes as federal investigators examine whether he should be criminally prosecuted for violations of Livingston’s civil rights.

The sheriff’s department released Kehagias’ resignation letter to the media Thursday afternoon.

Kehagias wrote that he loved his job but must resign.

“As such, it is incredibly difficult for me to do this, but I cannot risk putting my fellow law enforcement officers in increased danger due to the environment created by a dishonest media and a baseless lawsuit, combined with the dangerous rhetoric or actions of certain person(s) in the community,” he wrote in the letter.

Livingston’s relatives have said they plan to sue Kehagias for damages, and their lawyers have been seeking the State Bureau of Investigation’s report into the shooting.

Kathy Livingston, John Livingston’s mother, said she had mixed emotions about Kehagias’ departure.

“Is it good that he’s going? Yes, that way he can’t hurt no more people,” she said. “But, the reasons he is giving – it’s a slap in the face.

“We’re in the right.”

In April, a Harnett County grand jury declined to indict Kehagias on charges of second-degree murder.

Earlier this spring, Kehagias had been cleared of any wrongdoing by sheriff’s officials after an internal investigation. Sheriff Wayne Coats, who took office in March, said in April that he would welcome Kehagias back to the force as soon as his shoulder healed from an injury sustained the night of Livingston’s death.

This week, Coats accepted Kehagias’ resignation. It will be effective June 30.

The News & Observer reported on its investigation of Kehagias’ career as a deputy and his actions the night he killed Livingston in a four-part series published in May, “Deadly Force.”

‘Lucky to be alive’

It is unclear what will happen with the criminal cases that Kehagias was involved in as a deputy, cases left pending by his departure. Harnett District Attorney Vernon Stewart did not return calls for comment Thursday.

Among those pending charges: assault on a government officer that Kehagias filed against Michael Cardwell, a Vietnam veteran who had called 911 for help because he feared he would harm himself.

The N&O reported on Cardwell’s encounter with Kehagias in part two of “Deadly Force.”

Cardwell’s leg and hip were broken when Kehagias and two other deputies responded to his mental distress call. Kehagias charged Cardwell with assault, saying he spit on him. Cardwell said he spit because he was choking on the pepper spray Kehagias had deployed in his face.

Nearly every month this year, Cardwell has driven to the courthouse in Lillington to answer for his alleged crime. In February, he asked Stewart if he could take out a restraining order against sheriff’s deputies to bar them from coming to his home again. Cardwell said he would be scared as long as Kehagias still had a badge.

Cardwell said Thursday that he wants more than for Kehagias to leave the force. He wants Kehagias charged with assault for breaking his bones that night.

“I’m lucky to be alive, but that’s not enough,” Cardwell said.

A ‘proactive’ officer

Kehagias joined the Harnett County Sheriff’s Office as a new recruit in July 2013.

In the two years he patrolled the rural communities south of the Cape Fear River, Kehagias brought more resisting arrest charges than any other sheriff’s deputy. That charge, along with assault on a government officer, is seen by veteran law enforcement officials as a red flag that an officer may be getting physical with those he encounters.

In an interview in April, Kehagias defended his arrests, saying he was “proactive.” He said he often encountered residents who “hated cops.”

Kehagias was on administrative leave after the shooting, then on medical leave.

Stewart had said earlier this spring that he would have a “serious conversation” with Sheriff Coats if he tried to bring Kehagias back onto the patrol squad.

Kehagias’ future is unclear. He could still work as a law enforcement officer in the state unless the North Carolina Sheriffs’ Education and Training Standards Commission decides to revoke his certification.

This story was originally published June 23, 2016 at 3:54 PM with the headline "Harnett deputy who killed John Livingston resigns."