A new preliminary hearing is on the horizon for Kenneth DeHart, the man accused of the fatal shooting of Blount County Sheriff’s Deputy Greg McCowan and the wounding of Deputy Shelby Eggers, as per orders from Judge Tammy Harrington. DeHart's request for a new hearing stems from claims that he was denied the constitutional right to counsel of his choice during the initial proceedings.
After being taken into custody, DeHart voiced his intention to hire a private attorney but was instead quickly assigned a public defender and barely given a five-day window post-arrest to seek legal representation, according to WVLT. The denial of DeHart's request for a continuance to secure this, at his initial hearing was labeled as "arbitrary and unreasonable" by Harrington, illuminating the gravity of a judicial process where death penalty is under consideration.
Harrington's order, as reported by WATE, emphasized the heightened due process required in capital cases and underscored the universal applicability of constitutional protections. The indictment against DeHart includes charges of first-degree murder, attempted first-degree murder, and being a felon in possession of a weapon related to the February 2024 incident.
The court's decision has been met with frustration by the McCowan family, which they expressed in a statement. “Today’s ruling, which restarts this difficult legal process, is both frustrating and emotionally challenging for our family," they shared, as obtained by WBIR. They continued to place their faith in the justice system, while choosing to honor Deputy McCowan's positive legacy and impact over any negativity stemming from the legal proceedings.
As for DeHart, while the exact date for the new preliminary hearing has yet to be determined, it's expected to take place soon, offering him another chance to secure the representation of his choosing as his life hangs in the balance with the state seeking the death penalty. The trial date had been previously set for April 13, 2026, months after his indictment on a litany of 21 charges.
