A jury found a Topeka man accused of intentional first-degree murder not guilty and a mistrial was declared on an alternative count of first-degree murder in the commission of a felony.
Shawnee County District Attorney Mike Kagay said his office intends on continuing to pursue the alternative count against Shane Sibert.
Sibert was charged in the July 23, 2016, shooting death of Xavier Patrick McCollough, 28. His trial took place last week and a verdict was returned Monday.
Shawnee County District Court records show Sibert was found not guilty of intentional and premeditated first-degree murder; guilty of possession of a weapon by a convicted felon, attempted aggravated robbery and attempted possession of methamphetamine; and a mistrial was declared on first-degree murder in the commission of a felony and aggravated battery.
David Laeli Jr. and Joseph G. Cooney were also charged in the incident. Both men testified during Sibert’s trial last week they were trying to get a stolen car Laeli had loaned to McCollough back. Sibert said he wanted to “teach him (McCollough) a lesson,” Cooney testified.
Laeli is expected to enter a plea on Friday. Cooney pleaded guilty to conspiracy to commit aggravated robbery. First-degree murder and attempted aggravated robbery charges were dismissed in the deal. He will be sentenced Oct. 30.
Kagay said a scheduling conference in Sibert’s case is set for Nov. 9.
