Updated

A prosecutor in eastern North Carolina will ask a grand jury to review the case of a sheriff's deputy who shot and killed a man last year.

Multiple media outlets report that Harnett County District Attorney Vernon Stewart said Tuesday that he'll take the case of Deputy Nicholas Kehagias to the grand jury next month.

Thirty-three-year-old John Livingston was shot on the porch of his home Nov. 15.

Witnesses said Livingston refused to allow Kehagias to search the home without a warrant. Kehagias was looking for someone else as he investigated a nearby disturbance.

An argument became physical and Kehagias shot Livingston three times. He died before paramedics arrived.

Kehagias has been on administrative leave since the shooting. Defense attorney Parrish Daughtry would not talk about the case.