Porum man gets 23 years

By Donna Hales
Phoenix Staff Writer

June 05, 2009 12:53 am

— A Porum man who threatened to kill himself before shooting a deputy in a 2008 domestic disturbance melee is headed to prison.
Two sentences totaling 23 years are to be served consecutively by Kevin Girty, 41. Another six-year sentence runs concurrent.
On their second domestic disturbance call of the day to the Girty home in February 2008, officers persuaded Girty to unstrap a 9-inch butcher knife and a large, serrated knife from his hands. Another medium-sized, serrated knife was found in his pocket.
As deputies tried to place him under arrest, Girty managed to grab a loaded .40-caliber pistol from Muskogee County Sheriff’s Deputy Joe Johnson’s holster and shot Deputy David Mackey. The bullet went through Mackey’s hand and into his stomach.
Girty then managed to fire a shot at a Warner police officer. The slug bounced off the corner of an ammunition magazine on the officer’s belt, then struck a knife sheath on the belt behind the magazine before falling to the floor.
Jurors earlier found Girty guilty of two counts of assault and battery with a deadly weapon, recommending a sentence of 15 years on the first count and eight years on the second count.
Muskogee County Assistant District Attorney Nikki Baker Dotson argued for the sentences to run consecutively. District Judge Tom Alford agreed and ordered Girty to serve 23 years in prison.
The six-year sentence was for a third count of assault and battery upon a police officer. It is to run concurrent with the eight-year sentence.
Lawmen initially took Girty to a relative’s home because there were no marks on his wife during their first call to his home. Unless marks can be seen, no arrest could be made, Pearson said at the time.
Pearson said Mackey’s injuries were such that he was not able to return to duty until March 2009.

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Girty