LILLINGTON, N.C. (WNCN) — Almost three months later, there is still no answer if a Harnett County Sheriff’s deputy will be charged after killing a father of three.

Supporters of John David Livingston, who was shot several times, rallied outside the Harnett County Courthouse on Tuesday demanding justice.

The 33-year-old carpenter was shot and killed by Harnett County Sheriff Deputy Nicholas Kehagais in the early morning hours of November 15.

Livingston was unarmed when the shooting happened – after two deputies showed up at his home looking for an assault suspect who did not live there.

Harnett County District Attorney Vernon Stewart says he’s awaiting information from the Medical Examiner to determine if Kehagais will be charged.

“Vernon (Stewart) refers me back to SBI, the SBI nothing, they haven’t called my client, they haven’t called me, they haven’t done anything, the only thing they did was my client got a EMT bill and hospital bill,” said Jesse Jones, the Livingston family attorney.

During the rally on Tuesday, at least one sign held by protesters said: “Why wait for autopsy report? We know how he died!”

An affidavit said Livingston made contact early Nov. 15 with deputy Kehagais in front of the residence near the intersection of Stage Road and W. Everett Drive as deputy John Werbelow went around back.

Kehagais asked Livingston for permission to search the residence for the suspects.

Livingston tried to slam the door shut while the deputy was still in the doorway, hitting Kehagais’ foot, according to documents.

Kehagais attempted to arrest Livingston but he became “combative” and a struggle ensued, documents showed.

Kehagais took Livingston to the ground and used a stun gun on him but it was ineffective.

An affidavit shows Livingston then used Kehagais’ stun gun against the deputy in the abdomen.

Livingston was then shot and died on the porch of his home around 4 a.m.

The SBI has been investigating the incident and will submit their report to Stewart in the coming weeks.

Related storiesProtesters rally over killing of Harnett Co. father by deputy

More than 150 celebrate life of Harnett Co. dad killed by deputy

Son of NC man shot by Harnett Co. deputy calls dad his ‘best friend’CLICK HERE FOR FULL COVERAGE AND MORE STORIES