TULSA - A Grove man was found not guilty on a federal firearms charge by reason of insanity Monday.
A jury in U.S. District Court in Tulsa found Coby Livesay, 35, not guilty of possession of a firearm after former conviction of a felony.
Livesay was accused of wounding Delaware County sheriff’s deputy Denny Martin and Grove police officer Dave McCracken with a 20-gauge shotgun as they responded to a domestic call in August 2005.
Livesay reportedly fired shots at the ground as the officers approached, said his attorney, Winston Connor II. Both officers were wounded and returned gunfire, hitting Livesay in the arm and hand. Both officers survived the shooting.
At the time of the shooting Connor said Livesay was trying “to commit suicide by cop.” Livesay was taken to custody after the verdict by the federal marshal’s office and will be sent to a mental facility for an evaluation.
Livesay is also charged in Delaware County District Court in Jay with two counts of shooting with intent to kill after former conviction of a felony. On Tuesday District Attorney Eddie Wyant said those charges would be dismissed.