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Police responded to an incident on the 1900 block of Declaration Drive that night on reports of a gunshot and a man “waving around a gun”. On arrival, police claim that after directing 34-year-old Clayton Livingston to drop his gun, Livingston “adopted a shooting stance and pointed the gun at officers”. Officers Sam Sperry and Tre Johnson shot Livingston, who was then transported to the hospital. He survived the shooting.
The Eau Claire DA previously concluded that the officers involved in the shooting were justified in the use of deadly force.
Livingston was charged with 2 counts of recklessly endangering safety and operating a firearm while intoxicated. A Wisconsin DOJ investigation showed a blood alcohol concentration of 0.216 g/100ml at the time of the incident.
