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Sallisaw man accused of shooting at homeowner

Thursday, Sept. 9, 2021 - A Sallisaw man is facing assault, weapons and drug charges after an Aug. 25 shooting incident, according to court records.

Kevin Michael Toy, 66, was charged Sept. 7 with assault and battery with a deadly weapon, reckless conduct with a weapon and violating drug laws.

On Aug. 25, a Sequoyah County Sheriff's deputy was dispatched to a county residence after a report that the homeowner had been shot at.

Upon his arrival, the deputy made contact with Jimmy Smith and Lindsey Gardner, who told him that Kevin Toy, Gardner's former boyfriend, had texted Smith demanding to speak with Gardner. A few minutes later, Toy arrived at the home.

Toy got out of his green Lincoln Continental, called Smith a curse word and fired one round in the direction of Smith, then got in the car and left.

At the scene, the deputy found a magazine lying on the ground, about 20 yards from the residence. The Para brand magazine had 8 rounds of .45-caliber bullets inside. The deputy also found a rock at the front of the home that appeared to have been hit by a bullet.

Gardner said Toy had done similar things before. She refused to write a statement, but said she would testify against him in court.

On Aug. 26, deputies went to speak with Toy. He told the officers he went to Smith's residence to speak with Gardner, he and Smith exchanged words and he fired a gun. He said he wasn't trying to shoot anyone, but he did fire his gun.

When asked what happened to that gun, Toy said he gave it to a friend. Before his arrest, Toy was allowed in his home to get his shoes. As deputies looked around the home, they spotted multiple glass smoking devices and two pistols in plain sight.

Laura Brown, KXMX Staff Writer

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