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Thread: Man tells cops they can't enter without a warrant, they kick in door, kill him.

  1. #91
    Quote Originally Posted by Origanalist View Post
    Did someone hijack your account, or are you just reverting to your roots?
    I agree with the absolute majority of posts that reflect police in a "negative light," because they can and frequently do violate peoples rights. In this articles example though, I don't see it. If there was a 911 call reporting assault, the courts have routinely upheld police have a right to warrantless entry. I fully support people exercising their right to defend themselves against violations of their rights by police, even forcibly, when the police are acting "unlawfully." In this incident, I feel the police action of demanding warrantless entry was "lawful." Had there been a 911 call, reporting an alleged assault, and an unconscious woman or child was in the back bedroom bleeding out, the police would never have known if they just left. This is why the law is what it is. When police act unlawfully, I will not stand with them. When some stupid guy thinks he knows the "law," he better be right, because this incident shows the harsh reality of potential consequences. There is more to be said about the police decision to use deadly force when Livingston allegedly had taken the taser, than to be said of the police right to demand warrantless entry, given the circumstances. A taser is single shot, and needs to be "reloaded" with a fresh cartridge each time, to be deployed. As the article says the police deployed the taser, so what if he took it. Unless he had a fresh taser cartridge, I don't agree it posed any threat, let alone a deadly threat. The entry on the other hand seemed completely within their rights.
    Last edited by Leaning Libertarian; 11-18-2015 at 08:48 PM.



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  3. #92
    Quote Originally Posted by Leaning Libertarian View Post
    I clearly posted although the 4th Amendment protects people from unlawful searches and seizures, the courts have routinely upheld exigencies that allow for warrantless police entry into homes. If you disagree with this premise, then go ahead. Here, I'll devise an experiment for you. Although absolutely nothing unlawful is happening at your home, have one of your neighbors call 911 and claim either a woman or child is being assaulted, that they can hear screams, pleas for help, and banging on the walls. When the police shows up at your home, deny them entry under your 4th Amendment rights since they don't have a warrant. If they try to force themselves in without a warrant, turn violence towards the police. See how this will work out for you. We have already seen how it worked out for this wanna-be Johnny Cochran. If you live through the ordeal, and once you are able to make bail, be sure and let us know how it turned out.

  4. #93
    Quote Originally Posted by Leaning Libertarian View Post
    I agree with the absolute majority of posts that reflect police in a "negative light," because they can and frequently do violate peoples rights. In this articles example though, I don't see it. If there was a 911 call reporting assault, the courts have routinely upheld police have a right to warrantless entry. I fully support people exercising their right to defend themselves against violations of their rights by police, even forcibly, when the police are acting "unlawfully." In this incident, I feel the police action of demanding warrantless entry was "lawful." Had there been a 911 call, reporting an alleged assault, and an unconscious woman or child was in the back bedroom bleeding out, the police would never have known if they just left. This is why the law is what it is. When police act unlawfully, I will not stand with them. When some stupid guy thinks he knows the "law," he better be right, because this incident shows the harsh reality of potential consequences. There is more to be said about the police decision to use deadly force when Livingston allegedly had taken the taser, than to be said of the police right to demand warrantless entry, given the circumstances.
    If that is the case, police can always claim to have received a distress call. Or someone make a baseless call. Police should only have the power to search if they witness a crime in progress, like a criminal entering a home, etc.
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  5. #94
    Quote Originally Posted by Leaning Libertarian View Post
    I agree with the absolute majority of posts that reflect police in a "negative light," because they can and frequently do violate peoples rights. In this articles example though, I don't see it. If there was a 911 call reporting assault, the courts have routinely upheld police have a right to warrantless entry. I fully support people exercising their right to defend themselves against violations of their rights by police, even forcibly, when the police are acting "unlawfully." In this incident, I feel the police action of demanding warrantless entry was "lawful." Had there been a 911 call, reporting an alleged assault, and an unconscious woman or child was in the back bedroom bleeding out, the police would never have known if they just left. This is why the law is what it is. When police act unlawfully, I will not stand with them. When some stupid guy thinks he knows the "law," he better be right, because this incident shows the harsh reality of potential consequences. There is more to be said about the police decision to use deadly force when Livingston allegedly had taken the taser, than to be said of the police right to demand warrantless entry, given the circumstances. A taser is single shot, and needs to be "reloaded" with a fresh cartridge each time, to be deployed. As the article says the police deployed the taser, so what if he took it. Unless he had a fresh taser cartridge, I don't agree it posed any threat, let alone a deadly threat. The entry on the other hand seemed completely within their rights.
    The (primary) objection to this incident is not that the police entered the residence without Livingston's consent - it is that they apparently attacked and killed Livingston without any just cause (and even without any provocation, other than that Livingston closed the door on them after refusing to invite them in).

    The issue of Livingston grabbing the taser is irrelevant. From the reporting that has been presented thus far, it appears that it was the cops, and not Livingston, who instigated the violence (presumably for no purpose other than to put an uppity mundane in his place). In light of currently available facts - and even granting arguendo that it was permissible for the cops to have entered the residence against Livingston's wishes - blaming Livingston for what happened is grotesquely and viciously absurd.
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  6. #95
    Quote Originally Posted by Leaning Libertarian View Post
    I agree with the absolute majority of posts that reflect police in a "negative light," because they can and frequently do violate peoples rights. In this articles example though, I don't see it. If there was a 911 call reporting assault, the courts have routinely upheld police have a right to warrantless entry. I fully support people exercising their right to defend themselves against violations of their rights by police, even forcibly, when the police are acting "unlawfully." In this incident, I feel the police action of demanding warrantless entry was "lawful." Had there been a 911 call, reporting an alleged assault, and an unconscious woman or child was in the back bedroom bleeding out, the police would never have known if they just left. This is why the law is what it is. When police act unlawfully, I will not stand with them. When some stupid guy thinks he knows the "law," he better be right, because this incident shows the harsh reality of potential consequences. There is more to be said about the police decision to use deadly force when Livingston allegedly had taken the taser, than to be said of the police right to demand warrantless entry, given the circumstances. A taser is single shot, and needs to be "reloaded" with a fresh cartridge each time, to be deployed. As the article says the police deployed the taser, so what if he took it. Unless he had a fresh taser cartridge, I don't agree it posed any threat, let alone a deadly threat. The entry on the other hand seemed completely within their rights.
    How do you feel about the SCOTUS decision regarding the 'totality of the circumstances' or their decision regarding 'inevitable discovery' or their decision regarding 'good faith exceptions'?

    And their decision on the ACA, Gonzales v. Raich, and Wickard v. Filburn? And what of the Schenck case?
    “The nationalist not only does not disapprove of atrocities committed by his own side, but he has a remarkable capacity for not even hearing about them.” --George Orwell

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    In terms of a full spectrum candidate, Rand is leaps and bounds above Trump. I'm not disputing that.
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  7. #96
    In case some aren't aware, the infallible SCOTUS has ruled that a search conducted off of a defective warrant is no issue, nor is camping inside someone's home for nineteen hours to wait for a warrant a violation of the Fourth Amendment.

    And so It was Written. And so It shall be done. Amen.
    “The nationalist not only does not disapprove of atrocities committed by his own side, but he has a remarkable capacity for not even hearing about them.” --George Orwell

    Quote Originally Posted by AuH20 View Post
    In terms of a full spectrum candidate, Rand is leaps and bounds above Trump. I'm not disputing that.
    Who else in public life has called for a pre-emptive strike on North Korea?--Donald Trump



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  9. #97
    Quote Originally Posted by kcchiefs6465 View Post
    In case some aren't aware, the infallible SCOTUS has ruled that a search conducted off of a defective warrant is no issue, nor is camping inside someone's home for nineteen hours to wait for a warrant a violation of the Fourth Amendment.

    And so It was Written. And so It shall be done. Amen.
    The Nazgul have so decreed.
    "The Patriarch"

  10. #98
    Quote Originally Posted by kcchiefs6465 View Post
    In case some aren't aware, the infallible SCOTUS has ruled that a search conducted off of a defective warrant is no issue, nor is camping inside someone's home for nineteen hours to wait for a warrant a violation of the Fourth Amendment.

    And so It was Written. And so It shall be done. Amen.
    Imagine it - we will likely have to resort to a new feudal age where groups of people congeal in communities that defy Themme and Theire fiat. Imagine that we would have to travel in packs of 20 or 50 heavily armed people, ready and willing to ghost any cops who would dare accost us without cause and who would violate our rights individually. Imagine how that lifestyle would suck donkey-ass. But what if that were the only way to proceed, short of a civil war?

    Perhaps I am just having another of my moments, but I am seeing no good path forward here in the struggle to retain freedom. There is so much mental/moral disease out there and I see no way that any of it will be cured as matters of voluntary will. Once a man goes over to the dark side, deciding he wants something on someone else's nickel, there is virtually no going back because the disease is complex as all hell and is maximally self-reinforcing. Just look at a heroin addict. It is only when the quality of his life is rendered so degraded as to be virtually unlivable, does he (maybe) finally decide to get help. If the perceived quality of life remained tolerably good, he would remain an addict to his last breath. Many, in fact, do precisely this. The disease of personal corruption as made so ubiquitously manifest today is just like that. As the parasite gets fatter and less healthy in mind and body, his motivation to recover diminishes in inverse proportion. As he descends into disease, the more diseased he wishes to become. This is a nightmare.
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  11. #99
    Quote Originally Posted by Leaning Libertarian View Post
    I agree with the absolute majority of posts that reflect police in a "negative light," because they can and frequently do violate peoples rights. In this articles example though, I don't see it. If there was a 911 call reporting assault, the courts have routinely upheld police have a right to warrantless entry. I fully support people exercising their right to defend themselves against violations of their rights by police, even forcibly, when the police are acting "unlawfully." In this incident, I feel the police action of demanding warrantless entry was "lawful." Had there been a 911 call, reporting an alleged assault, and an unconscious woman or child was in the back bedroom bleeding out, the police would never have known if they just left. This is why the law is what it is. When police act unlawfully, I will not stand with them. When some stupid guy thinks he knows the "law," he better be right, because this incident shows the harsh reality of potential consequences. There is more to be said about the police decision to use deadly force when Livingston allegedly had taken the taser, than to be said of the police right to demand warrantless entry, given the circumstances. A taser is single shot, and needs to be "reloaded" with a fresh cartridge each time, to be deployed. As the article says the police deployed the taser, so what if he took it. Unless he had a fresh taser cartridge, I don't agree it posed any threat, let alone a deadly threat. The entry on the other hand seemed completely within their rights.
    You and I have had many good conversations, here we part ways. I do not consent to the ideology that the current rulings of the nine or lower courts correctly interpret the original intent of the constitution. If fact I deny it emphatically in most cases.
    "The Patriarch"

  12. #100
    The lawyer representing the family of the 33-year-old Harnett County man fatally shot last month in an officer-involved shooting may have a cellphone video showing what happened.

    Lillington lawyer Jesse Jones said Friday he's representing the family of John David Livingston II.

    There has been talk of a person inside the mobile home where Livingston was shot and killed in the early hours of Nov. 15 recorded the incident. An alleged copy of an affidavit for the issuance of a search warrant for the property at 172 W. Everett St. in the Harnett community of Anderson Creek was left by officers inside the home, according to owner Clayton Carroll.

    "They left it on the table," Carroll said.

    The document states that one of the two Harnett County sheriff's deputies involved in the shooting believed a person inside the home recorded the incident on a cellphone.

    Last month, a clerk in the Harnett County Clerk of Court office said that the document was not on file in the Harnett County Courthouse. A clerk at the Harnett County Sheriff's Office said the affidavit did not originate from the department.

    Jones would only hint at the existence of such a recording.

    "Let's just say if the second cop doesn't come truthful about what happened," he said, "he's probably going to get himself in a lot of trouble. I do have a cellphone used that night."

    Carroll, who has come forward as one of three alleged eyewitnesses to the shooting, said Jones had advised him not to discuss the possibility of a video.

    Carmen Saylor, the sister of the mother of Livingston's three children, said, "Possibly. That I'm not sure of. We're not 100 percent sure of that."

    The Harnett County Sheriff's Office has declined to answer questions about the case. As of late Friday afternoon, media requests for copies of the 911 call and the audio on the radio transmissions between deputies and dispatchers have not been filled.

    Nicholas Kehagias, who has been with the department since July 2013, has been identified by the Sheriff's Office as one of the deputies involved in the shooting. It has declined to name the other deputy.

    The Sheriff's Office has referred any questions on the case to the State Bureau of Investigation, which is conducting a probe.

    SBI spokesman Shannon O'Toole will not discuss the investigation. He could not be reached Friday.

    Meanwhile, a protest is scheduled next week in Lillington in response to the shooting.

    Saylor said the protest is scheduled Thursday at 8:30 a.m. in front of the county courthouse.

    She said organizers are hoping to draw "a couple of hundred" community members to the planned protest. Because it was Livingston's favorite color, protesters are being asked to wear red.

    "The basic goal is justice for John," said Saylor, 35, of Spring Lake. "The three witnesses there said John was cooperating with police. So, for him to be shot and killed, was unnecessary. They say he was resisting, but three witnesses say he was on his stomach with one hand behind his back."

    Jones said he has taken on the case because he's had a problem with the Sheriff's Office in the past. "I'm very aggressive, and I don't like cops," he said. "I have been in handcuffs, hit and Tased when I wasn't doing anything."

    "It's amazing. If this had been a minority," he said, "this would be all over every paper. Because he was not a minority, nobody really said anything about it. My take is, it's not just a black thing with all these cop brutality cases. It's everybody. I've seen video after video and, it's like, what are they thinking?"


    Saylor said Jones had met with family, Carroll and the two other men who are said to have witnessed the shooting on the front porch of Carroll's home.

    A Harnett County Sheriff's Office news release said two deputies were searching for a suspect in an assault investigation when they arrived at the residence. Livingston had been living there for about seven to eight months.

    Carroll has called the shooting of his roommate "cold-blooded murder." He says Livingston was roughed up, pulled onto the front deck of the trailer by his beard and hair, pepper-sprayed and hit with a Taser before being shot multiple times.

    Authorities have only said the shooting followed a confrontation with a suspect.

    Earlier this week, the SBI's O'Toole said the agency was waiting on lab reports and the autopsy report. He said the lab reports would most likely include any ballistics evidence or on-scene forensics in the fatal shooting.

    Nearly three weeks after the shooting, Saylor said, the family of the victim remains devastated by their loss.

    "I'm almost at the stage when it first happened," she said, "where I walk into his mother's house or the grocery store expecting that John will be there."
    http://www.fayobserver.com/news/crim...9e5cca0d8.html

  13. #101
    Just do as they say and the cops will not shoot you, this is not a hard concept to understand.

    When possible, give them gifts. I was on my way to work the other day, after getting coffee and a half dozen donuts. A nice police officer pulled me over going 84 in a 65, (I was late to work).

    He was gonna give me a ticket but I gave him a few donuts and that did the trick.

    The moral of the story is listen to the police, and whenever possible give them gifts.

    Now, if they are serving a warrant at your home and you don't have donuts, you can try offering the police officers your daughter, that usually works unless it is a female officer. In that case, offering them money usually gets them to leave.

  14. #102
    Quote Originally Posted by TheTexan View Post
    Instead of getting upset on a forum I suggest doing something productive to change it, like voting, for example
    Sometimes you're not funny, but that one was gold.

  15. #103
    Quote Originally Posted by Leaning Libertarian View Post
    I clearly posted although the 4th Amendment protects people from unlawful searches and seizures, the courts have routinely upheld exigencies that allow for warrantless police entry into homes. If you disagree with this premise, then go ahead. Here, I'll devise an experiment for you. Although absolutely nothing unlawful is happening at your home, have one of your neighbors call 911 and claim either a woman or child is being assaulted, that they can hear screams, pleas for help, and banging on the walls. When the police shows up at your home, deny them entry under your 4th Amendment rights since they don't have a warrant. Shut the door. If they try to force themselves in without a warrant, turn violent towards the police. See how this will work out for you. We have already seen how it worked out for this wanna-be Johnny Cochran. If you live through the ordeal, and once you are able to make bail, be sure and let us know how it turned out.
    You're right. Liberty is far too dangerous for the masses. We should have bent the knee to our English overlords then and accepted the inevitability of trampled rights.

  16. #104
    Quote Originally Posted by Cissy View Post
    You're right. Liberty is far too dangerous for the masses. We should have bent the knee to our English overlords then and accepted the inevitability of trampled rights.
    Can you explain why this would not have worked better for us?



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  18. #105
    Quote Originally Posted by timosman View Post
    Can you explain why this would not have worked better for us?
    You would prefer to live as our English overlords would have had us live? I recommend relocating to England.

  19. #106
    Quote Originally Posted by Cissy View Post
    You would prefer to live as our English overlords would have had us live? I recommend relocating to England.
    What's wrong with that? I think they are still our best buddies. Are you trying to suggest we should not like them? I would also argue the counter of nuclear explosions against civilians on this planet would probably be still at zero.

  20. #107
    Quote Originally Posted by timosman View Post
    Can you explain why this would not have worked better for us?
    Given the current situation I still have my guns. At least for the rest of my life. Cutlery is still sharp and pointed for the next steak.

  21. #108
    Quote Originally Posted by LibertyInNY View Post
    Just do as they say and the cops will not shoot you, this is not a hard concept to understand.

    When possible, give them gifts. I was on my way to work the other day, after getting coffee and a half dozen donuts. A nice police officer pulled me over going 84 in a 65, (I was late to work).

    He was gonna give me a ticket but I gave him a few donuts and that did the trick.

    The moral of the story is listen to the police, and whenever possible give them gifts.

    Now, if they are serving a warrant at your home and you don't have donuts, you can try offering the police officers your daughter, that usually works unless it is a female officer. In that case, offering them money usually gets them to leave.
    AF has posted a number of articles about mundanes being assaulted or murdered while being compliant...
    Quote Originally Posted by Torchbearer
    what works can never be discussed online. there is only one language the government understands, and until the people start speaking it by the magazine full... things will remain the same.
    Hear/buy my music here "government is the enemy of liberty"-RP Support me on Patreon here Ephesians 6:12

  22. #109
    Quote Originally Posted by Sola_Fide View Post
    Sometimes you're not funny, but that one was gold.
    Indeed!
    Quote Originally Posted by Torchbearer
    what works can never be discussed online. there is only one language the government understands, and until the people start speaking it by the magazine full... things will remain the same.
    Hear/buy my music here "government is the enemy of liberty"-RP Support me on Patreon here Ephesians 6:12

  23. #110
    Quote Originally Posted by timosman View Post
    What's wrong with that? I think they are still our best buddies. Are you trying to suggest we should not like them? I would also argue the counter of nuclear explosions against civilians on this planet would probably be still at zero.
    Are you an Englishman? Seems to me if you prefer the English way of life, immigrating is the answer for you.

    If, however, you prefer the constitutional protections that you would not enjoy under English governance (such as still remain) , then you have some reevaluation to do. You can only pick one.

  24. #111
    Quote Originally Posted by Origanalist View Post
    The Nazgul have so decreed.
    Tried to find a picture of SCOTUS as the nazgul. Alas, no luck.

  25. #112
    A Harnett deputy’s aggressive choice, and a death that defies reason

    ANDERSON CREEK
    John Livingston opened his door to a sheriff’s deputy who had some simple questions.

    Harnett County Deputy Nicholas Kehagias was looking for Becca and Lonnie Setzer Jr., a brother and sister he knew well from patrolling their rural community.

    Livingston had no reason to be wary of this November encounter. Earlier that night, he had been hanging out with his son and friends in the neighborhood. Besides, Kehagias was looking for people who weren’t there, investigating a disturbance on the other side of the neighborhood.

    Livingston had no inkling that he was about to die.

    He pointed to the other side of the community of mobile homes lining sandy roads. Livingston told Kehagias what he already knew: The Setzer siblings and three generations of their family lived about a mile away on Evans Street.

    Simple questions. Asked and answered.

    But Kehagias, 26, assigned to patrol the crossroads community of Anderson Creek, was skeptical. He wanted a look inside.

    Livingston bristled. It was about 3:40 on the morning of Nov. 15, and he wanted to get to bed. His roommate, Clayton Carroll, had just crashed on the couch in the living room; two friends were getting ready to go home. Livingston, 33, had been in enough scrapes with the law over the years to know a thing or two about his rights.

    He asked the deputy if he had a search warrant. He did not.

    Livingston tried to close the door as he turned away. The door hit Kehagias’ foot and arm. As Kehagias saw it, Livingston had just assaulted him. With that, Kehagias rushed inside.

    Three witnesses inside the home, Kehagias and the other deputy there with him, John Werbelow, described the chaos that followed to Harnett County sheriff’s investigators last November.
    Read more here: http://www.newsobserver.com/news/loc...#storylink=cpy

    Deadly Force
    Part 1 Part 1: Shots fired. Suspect down.
    Part 2: The deputies of D squad
    Part 3: A death in jail, on video
    Part 4: Little scrutiny of sheriffs



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  27. #113
    This Kehagias guy is a real peach. He's been protecting and serving the $#@! out of that area.
    Break an old man's hip for no reason. Help Break into a woman's home (literally) and then arrest her because she refused to let a drunk guy in her house.

    http://www.newsobserver.com/news/loc...e74990327.html

    For more than two years, Harnett County Deputy Nicholas Kehagias patrolled the rural countryside south and west of the Cape Fear River.

    He stopped drunken drivers. He rescued women beaten by their husbands. And, little by little, he helped hold down the amount of drugs in the county.

    But Kehagias and a few of his fellow deputies have sometimes brought more harm than help, according to some residents. They describe deputies entering their homes, uninvited and without warrants. The deputies have kicked and punched smaller, unarmed men and left women terrified.

    When a few of them complained to the sheriff’s office or the district attorney, nothing happened.

    John Knight, Kehagias’ patrol supervisor and a mixed martial arts fighter, sometimes worked with Kehagias and other deputies on takedown moves. Brandon Klingman, another young deputy and a close friend of Kehagias, was involved in at least two of the incidents and joked profanely with Kehagias on Facebook about their activity.

    The three made up a third of the D squad, one of four units rotating shifts patrolling Harnett County, a rural area about 30 miles south of Raleigh.

    he zones they patrol – communities such as Bunnlevel, Anderson Creek, Johnsonville – are largely poor, remote and, on many nights, rough and unpredictable.

    For the past two years, this subset of D squad has unleashed enough force and aggression that many county residents they have encountered now cower in fear. The News & Observer has interviewed more than a dozen people who say they met or witnessed aggressive or erratic deputies. Several of those people complained to officials about their treatment.

    Many of them were charged with resisting a public officer, which a former prosecutor says is a common charge when officers get rough with suspects. They were among scores charged with that offense by D squad, far more than any other county patrol unit, records show.

    Those charged are old and young, men and women. They are black and white, veterans and petty criminals. Most are poor.

    These residents tell a harrowing story.

    Christine Broom would rather risk a robber in her home than summon Klingman and another deputy who helped break down the doors to her home in January 2015. John Gill, a retired Special Forces staff sergeant, moved out of the state to feel safer after Knight and other deputies punched and kicked him in September 2014. Both complained to no avail.

    Donnie Scott says he will never again open the door to a deputy after watching Kehagias batter his nephew, Wesley Adrian Wright, last September after a disturbance complaint; Wright said he still has nightmares about the night Kehagias arrested him.


    Wright said he was scared “from the time I got a gun in my face. I don’t know if he’s trigger happy. You can’t get more terrified than that.”

    Michael Cardwell, a Vietnam veteran, feels the same lingering terror.


    He sits up most nights, staring at live footage from the surveillance cameras he installed after Kehagias, Knight and Klingman responded to his call last May.

    “I have to live like this now,” Cardwell said.

    Kehagias told The N&O that many of the incidents involved residents who “hated cops.” He defended his high volume of resisting arrest charges, saying it is not appropriate to allow subjects to break the law by disobeying deputies’ orders or fighting an arrest.
    Kehagias said the volume of charges reflect the work of a dedicated and productive squad. He said he, in particular, was “proactive.”

    Sheriff Wayne Coats declined to discuss these complaints and other allegations. Klingman and Knight declined to be interviewed.

    On Facebook, Kehagias and Klingman posted profane phrases about their work. Months before Kehagias shot and killed an Anderson Creek man while on duty, he posted on Facebook a picture of a jet dropping napalm. He joked that it might improve his patrol zone if only it could burn hotter.

    Kehagias said the post of the napalm drop was hyperbole, a joke between friends after a tough day at work.

    A veteran’s broken bones


    On May 12, Michael Cardwell did not trust himself to make it through the night. His thyroid was out of balance, and his body was revolting. Cardwell flashed hot and cold; his hands throbbed. He worried he might hurt himself.
    He called 911. A dispatcher noted that he was potentially suicidal and assured him help was on the way.

    Cardwell, 66, waited for the deputies beside his pickup truck in front of his house. Three patrol cars, the first driven by Kehagias, rushed up his driveway, lights flashing. He was followed by Knight and Klingman.

    Cardwell was suddenly uneasy about the number of deputies at his house. He had a nagging worry that things might go wrong. Cardwell asked the deputies to turn on a dash camera. He asked for their names. Cardwell remembers Kehagias’ answer: “Donald Duck.”

    When Kehagias told him he had no dash camera, Cardwell, slight at 160 pounds and 5 feet 7, grew scared. He tried to relate his predicament.

    “Are any of you veterans?” he asked.

    In an instant, Cardwell said he felt the clutch of Kehagias around his body. Suddenly, he was on the ground, arms held tight behind his back as Kehagias handcuffed his wrists.

    “I reached the end of my rope,” he said.

    When Cardwell tried to protest, Kehagias pushed his knee into his back and sprayed pepper spray in Cardwell’s face. Cardwell felt the weight of Kehagias, 6 feet 2, 230 pounds, grinding into his lower back as the deputy pushed his head into the concrete driveway.

    Cardwell, who has respiratory health problems, thought he might choke. The pepper spray had temporarily blinded him, and he couldn’t catch his breath to speak. He spit to try to get the burning spray out of his mouth.


    As Kehagias pulled him to his feet, Cardwell’s knees buckled. Pain shot up and down his left side. A deputy deployed pepper spray again.

    As Kehagias tried to lead him to the patrol car, Cardwell faltered. His legs could no longer support him.

    The medical care Cardwell sought that night finally came. Kehagias called an ambulance.

    Paramedics lifted Cardwell onto a stretcher and rushed him to the hospital. A day later, surgeons repaired a fractured femur and replaced his broken hip.

    Kehagias, too, registered a grievance after his dispatch to Cardwell’s home.

    He told a magistrate that Cardwell had assaulted him, spitting in his direction the pepper spray he had swallowed. In an incident report, he said Cardwell appeared drunk and was cursing at him. Kehagias said Cardwell pushed him before Kehagias took him to the ground.

    Cardwell had cost the county money, too, Kehagias wrote in his report. He had torn his $76 uniform pants during the arrest.

    Kehagias swore out a warrant against Cardwell for assault and property damage. The charges are pending.

    Kehagias said last month that he wasn’t aware that he had badly injured Cardwell. He described Cardwell as belligerent and defended taking him to the ground.

    “I hate that it happens, but I mean are we going to say that anybody that assaults law enforcement doesn’t face charges?” Kehagias said. “I can’t take them into custody for assaulting me?”

    Cardwell spent last summer and fall learning to walk again. He now leans on a cane.

    Projects have piled up on his 20-acre property. He wanted to clear more scrub brush from the perimeter of the shimmering pond that feeds into Barbecue Creek, near the Lee County line.

    He can no longer bend low. It took him four months to splinter the logs he needed to heat his house over the winter, a task that previously took him six weeks.

    He owes more than $70,000 in medical costs and wants the county to pay. He has asked his lawyer if he can get a restraining order against the sheriff’s office. He asked the same question recently to District Attorney Vernon Stewart.

    Cardwell now stays up late watching the video of the four corners of his property. He flinches at the slightest movement, a rabbit or squirrel shaking a bush.
    ‘It just isn’t right’

    Before the November shooting of John Livingston, Kehagias had been on active duty for less than 2 1/2 years. In that time, he used force – pepper spray, a Taser, a gun – more than any other deputy in the department, according to records provided by the sheriff’s office and emergency dispatchers.

    In 2014 and 2015, he also arrested more people on charges of resisting a public officer than any other deputy – 26 times.

    Kehagias’ arrests for that charge were nearly equal to the number of times either of two other nine-deputy squads issued it.

    Knight, Klingman and Kehagias all patrolled for D squad until last July, when Kehagias was moved to another unit. In 2014 and 2015, the D squad filed far more charges for resisting a public officer, 63, than each of the other three patrol squads. The top number among the other squads was 39, and five of those came from Kehagias after he joined that unit.

    Each squad patrols the entire county each shift, with deputies assigned to specific zones both east and west of the Cape Fear River. Over the course of the year, they work the same number of nights versus days and weekends versus weekdays; the squads would have had equal exposure to all parts of the county.
    Christine Broom lives west of the river. Until January 2015, she had never been arrested.

    She rented a room in her home to a man who came home intoxicated and high. She had already warned him not to enter her home while he was inebriated. When she refused to let him in, he called for deputies.
    Broom watched from the hallway of her home as Klingman and another deputy helped her tenant break into her home. They wedged the door with a screwdriver; they rammed it with their shoulders. They yelled at Broom to open the door. When they finally busted in the door, Klingman arrested Broom for resisting a public officer.

    “Having them break into my home like that was the most violating thing that ever happened to me,” Broom said. “This is my home. This is the one place where I am supposed to feel protected, safe. And I wasn’t.

    “And, if you are not safe in your own home, what can they do when you are out on the streets? It just isn’t right.”

    The lawyer appointed to represent Broom encouraged her to write a letter of apology to the deputies in exchange for the charges being dismissed. She refused. The charge was eventually dismissed because Klingman didn’t show up when she came to court to answer to the charge.

    Broom complained about her experience to Coats, then a captain and, as of March, sheriff of Harnett County. She brought him witness statements as well as a contractor’s $2,200 estimate to fix her damaged doors. Coats told her he would look into it, but he told her the outcome would be a private personnel matter.
    Kicks from chief deputy

    Branny Vickory, former district attorney in Wayne, Lenoir and Greene counties, said sheriffs, police chiefs and prosecutors need to be on the lookout for a high volume of certain types of charges: resisting a public officer and assault on a government employee.

    The charges are often levied when the officer and suspect had a physical altercation, he said.

    “Those charges are filed more often by the younger officer who hasn’t lived long enough,” Vickory said. Sometimes they handle a situation by saying, “You don’t do what I say, I’ll charge you and see you in court. A good officer will charge that less.”

    Larry Rollins, who retired as sheriff in March, could have reined in officers who acted too aggressively. Deputies are there to defuse, not escalate. It’s a rare situation that requires a trained deputy to use force against a civilian.

    In 26 of the 63 cases in which the D squad issued resisting a public officer charges in 2014 and 2015, that was the only charge. Thirty-seven of the resisting charges, more than half, were dismissed.

    Though Rollins and other department leaders had access to these arrest reports, they missed the signals. Neither did Coats, the new sheriff and, until recently, the major in charge of patrol units.

    Stewart, the district attorney, said he relies on his assistant prosecutors to flag problems of officer misconduct when they encounter them in court; he said he had heard no concerns.

    After meeting with the N&O, Stewart said he is reviewing the allegations of excessive force. He has now changed his office’s policies in dealing with complaints, appointing an assistant prosecutor to field concerns and proactively review all charges of resisting a public officer.

    In an interview, Coats had doubts about the number of claims of abuse by Harnett County residents against his deputies, saying he had received very few complaints. He declined to comment on the cases the N&O examined.

    Rollins has defended the use of force by his deputies. When Jeff Huber, a major in the department and Rollins’ chief deputy before Rollins retired, was seen on a dash cam video a decade ago repeatedly kicking the head of a driver surrendering after a high-speed chase, Rollins said he did the right thing.

    “Then you have a suspect that will not comply, then you’ve got to take control of the situation,” Rollins told a reporter from WTVD in 2005. “You are the guy in control, and you make those decisions.”

    Rollins and Huber declined to be interviewed.

    None of Rollins’ deputies have been charged for being rough with residents. Of the 16 employees he fired in the past five years, none were among the officers who residents say used excessive force.

    When a detention officer shot an inmate to death with a Taser in the jail five years ago, Rollins found no fault. The guard, Rollins told reporters at the time, was just doing his job, taking control of a situation.

    A jail surveillance camera, however, captured a different story.

  28. #114
    Thereby proving that he really didn't have even a frickin' clue of what he was talking about.

  29. #115
    Kehagias facebook post about the area he patrols.

    Nice to know this is how he feels about the community he is protecting and serving. The burning is in reference to the napalm being dropped in the pic.





    But it's all in fun right?? Just a joke right??


    If a mundane posts a joke like that about his community/men in blue, I think we can count on one hand how long it takes for rapid immediate SWAT response for what is considered a dangerous threat.
    Last edited by Mani; 05-03-2016 at 09:02 PM.

  30. #116
    Update:

    Harnett deputy who killed John Livingston resigns his post

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

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

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

    Kehagias writes 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. He murdered my son.”

    [Read Deputy Kahagias' resignation letter]

    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.
    Read more here: http://www.newsobserver.com/news/loc...#storylink=cpy

    Letter:

    News Release
    June 23, 2016
    Deputy Nicholas D. Kehagias has submitted a letter of resignation effective June
    30, 2016. His letter reads:

    Sheriff Coats,

    Over the last three years it has been my great honor and joy to serve the citizens of Harnett County as a member of this Office. I have taken great pride in my job and in doing everything I could to enforce North Carolina laws, but more importantly, in helping every person I was able.
    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.

    Therefore, as of June 30, 2016, I am effectively resigning from my position at the Harnett County Sheriff's Office.

    It is my greatest wish that I may one day be able to return to this department, and resume serving and protecting the wonderful people of Harnett County.

    Thank You for Your Time,
    Nicholas D. Kehagias

    Deputy Kehagias has served the citizens of Harnett County for the past three years, prior to, and after Sheriff Wayne Coats became the Sheriff of Harnett
    County, and the members of this agency wish Deputy Kehagias well in his future endeavors

  31. #117
    Latest I happened to run across...Jul 25, 2016

    John Livingston case: Court delays decision on Harnett district attorney files

    The files of Harnett County District Attorney Vernon Stewart dealing with the controversial death of a man at the hands of law enforcement will remain sealed for the immediate future.

    On Monday, Superior Court Judge Gale Adams delayed a motion requiring Stewart to hand over files in the death of John Livingston by Harnett County deputies in November.

    Adams said she would need to read through the 300-plus pages of material before making a decision. She estimated it would take at least two weeks to do so.

    Lawyers for both sides had no objection.
    http://www.fayobserver.com/news/crim...028074e8b.html

  32. #118
    Quote Originally Posted by Mani View Post
    Kehagias facebook post about the area he patrols.

    Nice to know this is how he feels about the community he is protecting and serving. The burning is in reference to the napalm being dropped in the pic.





    But it's all in fun right?? Just a joke right??


    If a mundane posts a joke like that about his community/men in blue, I think we can count on one hand how long it takes for rapid immediate SWAT response for what is considered a dangerous threat.
    What makes you think that is Napalm?
    Pfizer Macht Frei!

    Openly Straight Man, Danke, Awarded Top Rated Influencer. Community Standards Enforcer.


    Quiz: Test Your "Income" Tax IQ!

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    The Income Tax Is An Excise, And Excise Taxes Are Privilege Taxes

    The Federalist Papers, No. 15:

    Except as to the rule of appointment, the United States have an indefinite discretion to make requisitions for men and money; but they have no authority to raise either by regulations extending to the individual citizens of America.

  33. #119
    Quote Originally Posted by Danke View Post
    What makes you think that is Napalm?
    Probably had more to do with the comment than the photo.

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