Sheila Stogsdill

JAY – Shooting charges were re-filed against a Grove man accused of shooting and wounding two police officers, District Attorney Eddie Wyant said Monday.

Coby Livesay, 34, is charged in Delaware County District Court in Jay with two counts of shooting with intent to kill after former conviction of a felony.  He is accused of wounding Delaware County deputy Denny Martin and Grove police officer Dave McCracken with a 20-gauge shotgun as they responded to a domestic call in August 2005.

Prosecutors dropped charges against Livesay in October after the state was first notified that Livesay’s attorney planned to use the insanity defense in the trial, which was set to begin later that month.  

“The statute of limitations was running out,” Wyant said when asked why charges were filed.

Livesay was indicted in May by the U. S. Federal Court for the Northern District of Oklahoma in Tulsa where he remains in custody.

The U.S. Attorney’s Office has Livesay undergoing tests to determine sanity issues, Wyant said.

Wyant said his office will pick up the case after the federal case to play out.

The shoot-out began after authorities responded to a domestic dispute at Livesay’s parents’ home.  He had barricaded himself in a garage with a shotgun and refused to leave the house at his parents’ request.

Livesay fired shots at the officers as they approached, wounding both officers during the attack. Both officers returned gunfire, hitting Livesay in the arm and hand.

McCracken received pellet wounds to the chest and abdomen and Martin was treated for pellet wounds to the right arm. Both officers survived the shooting.  

Winston Connor II, Livesay attorney, said at the time of the shooting Livesay had a history of mental problems and was “trying to commit suicide by cop.”