BLOUNT COUNTY, Tenn. — State prosecutors will pursue the death penalty against Kenneth Wayne DeHart Jr., the man accused of shooting two Blount County deputies and killing one in February.
Blount County District Attorney General Ryan Desmond said Friday the state formally filed its notice to pursue the death penalty. The announcement comes more than seven months after Deputy Greg McCowan was shot and killed during a traffic stop the night of Feb. 8, 2024. Another Blount County deputy, Shelby Eggers, was wounded in the shooting.
A grand jury indicted DeHart in April on charges of premeditated first-degree murder in McCowan's death and attempted first-degree murder for shooting Eggers. He was captured after a week-long manhunt.
The state had been expected to pursue the death penalty. Blount County Sheriff James Berrong called on prosecutors to seek capital punishment against DeHart shortly after his arrest in mid-February.
The window to begin filing notices in this case opened in September, and a judge gave prosecutors a deadline of Oct. 11 to file for the death penalty. The DA said videos and evidence in the case made it clear in his eyes that the shooting was premeditated.
"I made a tally as I was watching this video, and I counted 37 times they either asked lawfully or told lawfully for the defendant to exit the vehicle," Desmond said during a hearing in late February. "It was his decision to refuse those requests 37 times that led to us being here today, your honor, and you do not point a gun at two individuals and pull the trigger six times unless you intend to kill them."
In order to make a case for the death penalty, the state has enhancement factors it can cite and must prove, including that a law enforcement officer was killed in the crime.
The state said DeHart shot Deputy McCowan after he was down on the ground.
"You do not point a gun at a man lying helpless on the ground and pull the trigger unless you intend to kill him," Desmond said.
There are nearly 50 people currently on death row, and more than two dozen are from East Tennessee. Sean Finnegan, an Oak Ridge man convicted of torturing and murdering a woman in 2019, was the most recent addition to that list after he was sentenced to death last month.
Veteran Knoxville defense attorney Stephen Ross Johnson, who represents DeHart, also filed a defense motion Friday.
Johnson argues DeHart's preliminary hearing, held soon after the shootings, failed to comply with constitutional and procedural requirements.
DeHart wanted to hire his own counsel, Johnson wrote, but he didn't get that chance. Court-appointed defense counsel also asked for a continuance before the prelim, but that was denied, Johnson's motion states.
DeHart should get a new hearing to fix the disparities that emerged from the rushed hearing, the attorney asserts.
Johnson's motion also states that the lawyers assigned to represent DeHart earlier this year failed to suppress evidence that had been taken in an unconstitutional manner.
Among other things, Johnson argues, they improperly conceded that the prosecution had met its burden to bind over some of the charges against DeHart. Also, he writes, they misstated how many times deputies fired a Taser at DeHart during the traffic stop in February.
The shooting
On Thursday, Feb. 8, the Tennessee Bureau of Investigation said the two deputies tried to pull over DeHart in the 4900 block of Sevierville Road in Maryville around 8:30 p.m. for "suspicion of erratic driving." BCSO mentioned during a press conference the driver was not staying in their lane.
DeHart, "would not cooperate with deputies" and refused to get out of the vehicle, according to the TBI.
The TBI said deputies used a Taser on DeHart with no effect and at some point during the encounter, he pulled out a gun and shot both deputies.
At least one of the deputies returned fire, according to the TBI.
43-year-old Deputy Greg McCowan was taken to a hospital where he later died. The other deputy, Deputy Shelby Eggers, was transported to the hospital with serious but non-life-threatening injuries. She was released and recovered at home, BCSO said.
A day after the shooting, deputies announced they arrested Marcus DeHart, Kenneth DeHart's brother, for accessory after the fact. They said he helped DeHart after the shooting.
Deputies also arrested the suspect's girlfriend, Carrie Mathews, for accessory after the fact. According to court records, a Sevier County Sheriff's Office deputy went to a home on McCleary Road while searching for DeHart.
The deputy said she got a call from "Janeisha" while authorities were at the home. Deputies said she answered the call. They said it was actually DeHart calling from the number. According to court records, she told the caller, "They're here," and ended the phone call.
"This action by Ms. Mathews warned Mr. Dehart of impending apprehension or discovery. She was taken into custody and transported to SCSO Main Jail," court records said.