District Attorney Eddie Wyant has dismissed the case against a Grove man accused of shooting two Delaware County officers in August of 2005.
Wyant announced his decision on Monday.
Coby Livesay, 34, allegedly shot officers Denny Martin and David McCracken when they responded to a domestic dispute at the home of Livesay's father. Both officers were wounded by the single blast of a shotgun.
According to the police report, Martin and McCracken responded to 58990 East 290 Rd. on the afternoon of Aug. 9, 2005. Upon arrival, the officers spoke with Livesay's father who said Livesay had attacked him.
As the two officers approached the residence, Livesay fired at the officers through a closed garage door with a shotgun.
Officers returned fire, wounding Livesay and restraining him.
On Aug. 10, 2005, Wyant charged Livesay with two counts of shooting with intent to kill.
Wyant said he has spent the past several months preparing for Livesay's Oct. 15 trial only to be informed last week that Livesay's attorney intends to use an insanity defense on his client's behalf.
“I don't have time to hire a psychologist and have him evaluated before trial,” Wyant said. “So, I have dismissed the case and am going to let the U.S. attorney indict him on federal charges.”
Livesay's insanity defense will be challenged by the U.S. attorney's office during federal proceedings.
“If it is determined at that time that he is not insane, I will re-file the charges against him,” Wyant said.