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Jury reaches verdict in Bibby, Cook case

Published: Apr. 1, 2021 at 4:52 PM CDT
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OTTUMWA, Iowa (KYOU) - After a week of testimonies from victims and law enforcement, the 12 person jury has come to a decision in the Michael Bibby and Dalton Cook case.

The case revolved around a break in and shooting at Lillian Street that quickly turned into a shootout with police by Liberty Elementary School.

Michael Bibby was found guilty on five charges: aggravated assault and willful injury of Colt Stewart at Lillian Street, attempted murder of former police Chief Tom McAndrew, as well as robbery and burglary.

Dalton Cook’s verdict was almost the same, but he was found not guilty on the attempted murder charge.

For the aggravated assault charge, Cook was guilty by joint criminal conduct. On the other three, the jury found him guilty by aiding and abetting Bibby.

Both men will be sentenced separately on April 19th.

Watch:

Jurors heard closing arguments on Wednesday.

Eight attempted murder charges were dropped.

The two men faced two counts of attempted murder, as well as robbery, burglary, and attempted murder from August 3rd, 2018.

In his closing arguments, County Attorney Neff tried to prove to the jury that Bibby attempted to kill Colt Stewart at the Lillian Street house.

“That he specifically intended to call death is only highlighted in that he didn’t leave it at one shot. He didn’t run away, he didn’t call for help…”

As well as attempting to kill Chief McAndrews by shooting at his car.

“It’s clear the defendant was aiming to hit him. And with that type of weapon, with those types of actions preceding it, you find beyond reasonable doubt that he intended to kill Chief McAndrews.”

But the defense says there wasn’t enough evidence to prove guilt beyond a reasonable doubt.

“It’s very difficult to prove what a person intends. That idea that that can be thrown out there for something that is so relatively flippant as ‘Amy Garrett thought she heard a second thought. That’s good enough to convict Mike Bibby of attempted murder.’”

The prosecution says Cook being by Bibby during the robbery, burglary, and shootings are indicative of Cook aiding and abetting.

“That he has chosen to rely on the force that Bibby is using to get away...and that reliance, I’d argue, is active participation.”

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