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Exclusive: Family Of Man Who Died After Run-In With Officer Wants Justice

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CORSICANA (CBS 11 NEWS) – John Livezey and his sister Sandy Hartgers are on a journey for the truth. They’ve driven down to Corsicana from Iowa.

It is in Corsicana, along Highway 31, where their 70-year-old father Bill Livezey died two months ago after a mysterious run-in with Ernesto Fierro, an off-duty police officer from the town of Malakoff in Henderson County.

Hartgers said sadly, “I want my dad back and I can’t have him back, and he wasn’t ready to go yet.”

Witnesses tell us Fierro was swerving on his motorcycle, trying to run Livezey off the road. Both eventually pulled over to the side of the highway.

Bill Livezey and others called 911.  Son John said his family is, “Trying to get answers… trying to make sure justice is done.”

Sheriff’s deputy’s said when they arrived Livezey was in handcuffs, and complained he wasn’t feeling well. Paramedics took him to a hospital, where he died.

“Nobody’s answering the ultimate question:  why did he have him in handcuffs?” Hartgers questioned.

The sheriff’s department report says deputies took Fierro’s handcuffs into evidence. It also shows that Fierro had two pistols on him, one of them his, the other from his department. He also had a police baton.

Malakoff’s police chief isn’t talking, and the town’s attorney wouldn’t say whether Fierro was placed on leave or whether he violated the police department’s policies for officers who are off-duty.

The Navarro County District Attorney declined comment, but sources say the case will likely go to the grand jury.

Livezey’s children have now hired attorney Greg Price, of Sulphur Springs, to investigate whether their father’s federal civil rights or state laws were violated.

“You can’t bring him back.  We just try to go on, we have to.”

(©2014 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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