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World War II veteran spends 89th birthday in jail

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An 89-year-old WWII veteran is accused of a crime he says he didn’t commit.

He’s been sleeping on the floor of the Mayes County Jail for weeks.

His attorney claims one of his own family members is accusing him to get his money.

Lynn Livengood has never been charged with a crime in his entire life.

Now, he’s accused of misdemeanor assault and battery against his wife of 65 years.

She didn’t want to press charges, but his own daughter did.

Livengood spent his 89th birthday in the Mayes County Jail.

Misty Fields is Livengood’s attorney.

“He’s been sleeping on the floor when he has trouble just standing up and sitting down in a chair,” Fields said.

She’s been trying to get Livengood out of jail for weeks, but a family member, she says, is keeping his wife from bonding him out.

According to police reports, his wife said he hit her, but she didn’t want to press charges and refused to write a statement.

Livengood was arrested for domestic assault and battery.

“Over her objection, this has been done to him and it's just not right. I believe the reasons for the family keeping him in jail are money motivated,” Fields said.

That’s because Livengood has quite a bit of money and property in Mayes County.

Fields had to make a difficult step this week – filing divorce papers for Livengood – a decision that brought him to tears.

“Probably the best way to stop his family from squandering money, and there's evidence that happened, was to file a divorce so an automatic temporary injunction would be in place,” Fields said.

Even if Livengood gets out of jail, a protective order is keeping him from going home.

Fields is hopeful someday he’ll be acquitted.

“We were taught to respect what veterans do for us, and I was taught that by a man who actually served so to see this is just heartbreaking,” Fields said.

Our calls to the family went unanswered.

We’ve learned a bondsman has agreed to post Livengood’s bond for free.

His next court date is set for June.