(A TapouT employee tends to a small memorial set up for "Mask" on the sidewalk outside company headquarters in Grand Terrace yesterday. Photo courtesy of the OC Register)
Yesterday we learned that Jeffrey David Kirby — the drunk driver who struck Charles Lewis’s car late Tuesday night, leading to the accident that killed him — had been cited for at least eight traffic violations since 2001, including a previous DUI bust. (Damn, where’s Dexter when you need him?) Well, Kirby’s just been formally charged. death-16555″>As Sherdog reports:
Jeffrey D. Kirby, 51, of Costa Mesa, Calif., has been charged with “one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated, one felony count of driving under the influence causing bodily injury, and sentencing enhancements for fleeing the scene of a vehicular manslaughter and causing great bodily injury to multiple victims,” according to a press release from the Orange County District Attorney’s Office. Kirby…faces a maximum sentence of 19 years and eight months if convicted. Kirby is being held on $2 million bail and will be arraigned on Friday afternoon at the Harbor Justice Center in Newport Beach, Calif.
Kirby was later apprehended with a female companion a few blocks from the crash by officers, who observed the couple walking away from Kirby’s vehicle. Kirby was described as “emitting an odor of alcohol, slurring his speech, and having bloodshot and watery eyes,” according to the release.
Lewis was pronounced dead at the scene of the accident. His girlfriend, Lacy Lynn White was ejected from the vehicle in the crash and landed on a nearby dirt embankment. White, 23, was transported to Western Medical Center – Santa Ana where she was treated for a fractured elbow, lacerations, and abrasions. Investigating officials told Sherdog.com on Thursday that White is in critical, but stable condition and is expected to survive.
The prospect of Kirby pleading down to a lighter sentence, then having time shaved off for "good behavior" is not sitting well with us right now, to say the least. Let’s hope the criminal justice system can do its job on this one.
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Comments
Fri, 03/13/09 - 12:00
Manslaughter both of them were racing.....
Fri, 03/13/09 - 12:00
both of them were being dumb, its so very sad.
Fri, 03/13/09 - 12:01
First MFers
Fri, 03/13/09 - 12:02
Okay, now that he has officially been charged. I can be as upset as I want to be. Sure they were racing, but being drunk he more than likely bumped Mask off the road when he was losing. The justice system is broken, you shouldn't be able to get more than ONE DUI without having an interlock put on your car. Sometimes I really get mad at this country for being taken over by sleazy fucking lawyers.
Fri, 03/13/09 - 12:04
"the drunk driver who struck Charles Lewis's car late Tuesday night, leading to the accident that killed him " ^where in the police report does it say this?^ sounds like gibber jabber to me. That is not the only reason, like wildcard said it takes 2 to race... CP you are being so very biased on this subject. I know this is a huge loss to MMA but we have to accept that it was not all kirbys fault.
Fri, 03/13/09 - 12:10
"The prospect of Kirby pleading down to a lighter sentence, then having time shaved off for "good behavior" is not sitting well with us right now, to say the least. Let's hope the criminal justice system can do its job on this one." /:) while this guy obviously has a problem of repeatedly driving drunk, lets not forget that most of us have been drunk and done something stupid before on top of the thought that it appears that mask was willfully racing the guy illegally. At least admit Charles Lewis did have some responsibility toward bring on his own death. It's not exactly like kirby stabbed him to death in cold blood. Yes this guy should go to jail, but saying that the justice system fails if he doesn't get 19 1/2 years is a little harsh.
Fri, 03/13/09 - 12:10
True, it's not all Kirby's fault, but it's going to be hard to charge Lewis with anything. Manslaughter is most often defined as having your actions (all though non intentional) result in the (accidental) death of someone else. That is not the same as a Murder charge where your direct actions caused death intentionally (self defense, pre-meditated, etc).
Fri, 03/13/09 - 12:13
@ Bas Rutten:From the Sherdog article:" 'Kirby is accused of speeding alongside a 2004 Ferrari…[and] is accused of losing control of his car due to his unsafe speed and crashing into Lewis’ vehicle,' which caused Lewis to lose control of his vehicle and collide with a cement pole. " Yeah, I get that if they were racing it's not *all* Kirby's fault...but that's what happened. And he was drunk at the time.
Fri, 03/13/09 - 12:15
The article also CLEARLY states that police do NOT believe it was a drag race. They were both speeding, yes, but that doesn't mean they were racing.
Fri, 03/13/09 - 12:16
Yea but the dude has had 8 other traffic violations, and has already been busted for one DUI, if he would of learned from the first time and all the multiples of times hes been busted, than a good person would be alive right now, and another innocent bystander wouldn't be in the hospital in critical condition. Look at Rampage, no more driving for him, hes learned from his mistake. The guy said he had money, why not use it to call a fucking cab.
Fri, 03/13/09 - 12:21
Kirby's gonna go in as an asshole and come out a manhole!
Fri, 03/13/09 - 12:22
Seriously^^^ where in the news report does it say anything about a DRAG RACE? It doesn't and surely that would have been brought up. It seems like the investigation has been done and Kirby probably admitted that he swiped the other car..Obviously they were both traveling at high-speeds, but that doesn't mean they were both street racing...We'll probably find out more in the days to come, but for now...this dude is fucked. Who knows maybe the officer who witnessed it seen him swipe the car... Either way, the dude knew he fucked up when he seen the car crash. That's why he took off and parked down the way and tried to flee the vehicle on foot.... Home boy knows he fucked up and it's not like he is a 1st time offender, the dude is a reckless person/driver who shouldn't even have a fucking drivers license..... Throw the book at him, dude's had plenty of chances and obviously doesn't have any regard for human life, I mean he has DUI's in his past.....and now someone is dead. I've seen the legal system throw the book at others for 1st time offenses that were total accidents...yet they got SCREWED..
Fri, 03/13/09 - 12:22
Our legal system is so flawed its not even funny. Justice is truly blind.
Fri, 03/13/09 - 12:25
Mask didn't even get a chance to TapOut
Fri, 03/13/09 - 12:28
I am gonna need to see a tox screen for Mask also... something is just not fitting here
Fri, 03/13/09 - 12:30
DanaWhite you're the homo! That tasteless joke has been used up so find some new material you tool.
Fri, 03/13/09 - 12:36
kind of a dumb thing to say. "he was drunk so more than likely he bumped him off the road". Based on what evidence? Are you saying anyone that drives drunk will more than likely bump someone off the road? lame... The bottom line here is 1) they were both driving cars that go well over 150mph. 2) They were both driving well over the speed limit. 3) Nothing would have happened to Mask if he hadn't chosen to participate. He put himself at risk when he decided to open it up against some random dude on the freeway. Charging the guy with felony manslaughter is way overdoing it...he deserves to be sited for DUI, endangerment, and should lose his license and pay fines...but he doesn't deserve to be put away. It's not like he ran over an innocent kid or something. Mask was a dumbshit for putting himself, his passenger, and anyone else in the area at risk. If he was alive you'd all be making fun of him and putting him at the top of the list of recent MMA'ers that have been in legal trouble in the last 12 months. (see kimo, shamrock, sherk, etc...).
Fri, 03/13/09 - 12:37
How fast do you think you need to be driving to rip a ferarri in half? AT LEAST 100mph...
Fri, 03/13/09 - 12:40
Anyone who races knows that it takes way more skill (and is waaaay more fun) to drive a slow vehicle fast, than to drive a fast vehicle slow. 99% of the wrecks you hear about involving Ferraris and Gixxers are because some fart sniffer with more money than brains thought that just because he went out and bought a fast ride, that it means he can ride it fast. This misconception almost inevitably leads to the facepainted Tammy Faye Baker look-a-like glorified T-shirt hawker in question getting splattered like a water baloon and leaving innocent bystanders like his fiancee in critical condition. Word to the wise, if you wanna be a go-fast-guy, start out with something slow and learn how to race the piss out of it, then slowly move up in class. If you're just a rich dick who wants something Italian to floss, then stick to first gear and neutral, and respect the fact that you have no right taking the lives of innocent bystanders in your own hands by pretending you actually know how to drive the thing.
Fri, 03/13/09 - 12:53
Was Mask drinking as well? I think thats an important peice of the puzzle to figure out. If they were both drunk and racing the other dude should NOT be charged with anything but DUI and whatever traffic citation goes along with driving in such a ridiculous manner. And even if Mask wasn't drunk he was driving in an equally ridiculous manner. How fast do you have to go to rip a car in half. He caused his own death, don't blame someone else just because they were both stupid.
Fri, 03/13/09 - 12:55
Guys, there's a LOT of info we are not privy to at this time. Ever been involved with an event that wound up in the newspaper? Think about how common it is for news report to mess up details and distort things. Same thing here. I have talked to people that were close with Charles and there's a lot of unknowns still and a lot that isn't being published. Basically I say this because people sound like Jackasses when they run their mouths with pure speculation. Someone lost their life and throwing your wild opinions and ideas into the wind doesn't help. Let the dust clear and see what comes out from it.
Fri, 03/13/09 - 12:56
Manslaughter? wow! Unless they can prove he actualy hit him, they should just give him a DUI.
Fri, 03/13/09 - 12:56
Exactly what Truth2Pwr said. Once you buy that car and take it way over 100mph you are on your own buddy.
Fri, 03/13/09 - 01:06
That girl better say her prayers. She's lucky to be alive.
Fri, 03/13/09 - 01:17
For the most part, yall are a bunch of asshats! A man died and another one caused it drunk.
Fri, 03/13/09 - 01:20
Doesn't everyone know by now that rich people don't go to jail.
Fri, 03/13/09 - 01:22
All parties involved seemed to be pretty carless. For god sake the fiance of Charles wasnt even wearing a seat belt. C'mon now....
Fri, 03/13/09 - 01:28
Why doesn't everyone wait until toxicology results come back for Mask? If he was drunk/high on blow too, then this guy shouldn't go down for anything above reckless driving/DUI.
Fri, 03/13/09 - 01:35
it is really sad mask R.I.P..............................kirby i hope u rot in prison and 1 more thin dont drop the soap kirby u fagit ass peace of shit
Fri, 03/13/09 - 01:40
Ok your all saying its Kirby's fault for being drunk are you fucking kidding me ? They were both racing, and the police still hasn't released Autopsy report of Mask(what's left of him anyways.) to say he wasn't drunk, so please don't judge either or, if they were racing and both of them were drunk, its their reponsability not Kirby's, its both of them what happened to Mask, and his girlfriend is all both of those guys fault. It takes two to tango, racing is illegal for a reason, see the accident pictures they say it all...... good afternoon.
Fri, 03/13/09 - 01:49
8=========D8=========D8=========D8=========D8=========D8=========D8=========D8=========D8=========D8=========D8=========D
Fri, 03/13/09 - 01:52
I have no life, friends or education.
Fri, 03/13/09 - 02:52
i really wonder if this accident happened the other way around..... mask and kirby are both driving fast side by side, and kirby crashes and his car splits in two... would we be screaming for masks head? if kirby was actually drunk he should be charged with a dui. if we can PROVE he hit masks car, and mask didn't hit his car, we should throw a manslaughter charge at him.
Fri, 03/13/09 - 02:53
why would you take the time to stick up for a drunk driver? his side does not deserve to be considered.
Fri, 03/13/09 - 02:54
there is only one problem with their driving under the influence charges, they can't actually prove that he was drunk when he was driving. it said he took off and they found him later well it is quite possible and im sure this is what the lawyer will say is that he was in shock and left the seen and then had some drinks to combat his shock and calm him down. so that will get that thrown out and by the end of it he will probably end up with reckless and dangerous driving causing death. Justice systems are a joke now, and they let people off easy. its sad that mask died but they were both speeding, possible racing and both possibly intoxicated. its an unfortunate incident which could have been prevented. My condolences go to his family, and friends.
Fri, 03/13/09 - 04:06
@ guru: The point is that Mask's death was his own fault, he should not be given a free pass here. Nobody wants to say that Kirby is blameless.
Fri, 03/13/09 - 04:32
I'm really amazed that CP is being so biased about this. So I guess personal responsibility doesn't apply to you if you make crappy mma t-shirts, huh?
Fri, 03/13/09 - 05:59
Hey Kirby call me if you need a good lawyer
Fri, 03/13/09 - 06:15
mask WAS NOT drunk. proven
Fri, 03/13/09 - 09:20
That fucker, that killed mask should get a life sentence.
Fri, 03/13/09 - 10:16
(Damn, where's Dexter when you need him?) I was thinking the EXACT same thing!! I don't know how people with a previous DUI can get behind the wheel when they obviously didn't learn a damn thing! And yes it takes two to tango but I can't help but think that maybe it was a one time thing (for Mask). Think back to all the stupid shit you used to do when you were young and how that could of turned out completely different and changed the lives of everyone around you.
Fri, 03/13/09 - 11:05
If you feel the need to race a drunk guy in a porsche- because you drive an comparable high performance sports car OR because you wanna impress your girlfriend OR because you got beef with him OR you're just having fun OR WHATEVER THE REASON- well then sorry but you're on borrowed time. This Kirby guy is a dipshit but none-the-less Mask could have easily prevented this by not taking his car up to a speed fast enough to SPLIT THE FUCKING THING IN HALF! C'mon, how can anyone put Mask's death squarely on Kirby's shoulders? He is a dipshit supreme, but not a murderer nor a man slaughterer. I admire Masks passion and support for the sport of MMA and will always remember the guy for just that. That's how he wanted to be remembered and that's how we should try to remember him.
Sat, 03/14/09 - 07:46
The bottom line is Mask made a series of bad choices that lead to his death. To blame someone else is completly wrong. The other driver should be held responsable for being a dumbass, but not for killing another human being. It's time that society as a whole takes responsability for their own actions with out blaming someone else. If Mask doesn't drive fast enough to split his car in half, Mask is still alive right now. Put the blame where it belongs. So much for being impartial journalists CP.
Sat, 03/14/09 - 11:08
Kirby deserves what's coming to him. You think Mask didn't know how to drive a car fast? The bastard lost control hit Mask and therefore now he's dead. All of you are so hypocritical like non of you in your life time has driven a car passed 100mph. Kirby was drunk, has priors and deserves to rot in hell. He killed an awesome human being because he was a negligent ass! Rip Mask you'll be missed!
Sat, 03/14/09 - 12:19
Jesus H Christ Manslaughter(indirect) is not the same as Murder(direct) so Kirby should be charged and even do time given his prior history and fleeing the scene of a serious accident. They could both come back full DUI but that wouldn't change the fact that someone still caused the death of another person. Cause they were both racing that means its ok for one guy who (probly) caused the crash to get away with no jailtime at all wtf are some of these comments I read he should do time what if someone died because of your actions(indirect or direct). This wasn't a accident it was 2 grown ass men doing what they wanted at 1am and now they should pay. I would say this of Mask to but hes already paid the ultimate price for his few minutes of fun. Yes Mask isn't innocent but he doesn't have a history of DUI's or being a Rich douchebag.
Sat, 03/14/09 - 12:19
Jesus H Christ Manslaughter(indirect) is not the same as Murder(direct) so Kirby should be charged and even do time given his prior history and fleeing the scene of a serious accident. They could both come back full DUI but that wouldn't change the fact that someone still caused the death of another person. Cause they were both racing that means its ok for one guy who (probly) caused the crash to get away with no jailtime at all wtf are some of these comments I read he should do time what if someone died because of your actions(indirect or direct). This wasn't a accident it was 2 grown ass men doing what they wanted at 1am and now they should pay. I would say this of Mask to but hes already paid the ultimate price for his few minutes of fun. Yes Mask isn't innocent but he doesn't have a history of DUI's or being a Rich douchebag.
Sun, 03/15/09 - 09:19
I feel exactly what your saying. ive just lost one of my best friends to a dui hit & run it just went in front of a judge. My friend was a surgical tech at a hospital were he drove about 50 miles every day to assist his doctor in saving lives. He was driving home at 7:00am about 3 blocks away from home to his family.Soon after i get a knock on my door from my friends brother saying we just lost my friend to a drunk who was driving at a hi rate of speed when he struck the back of my friends truck. shoved him between a pole andd wall then rolled a couple of time when helped arrived the drunk fled. Witnesses say before my friend died and his lungs filled up with blood he was struggiling to free him self from the carnage as the drunk drove off to leave him there to die. this drunk only received a one year 6 month sentence. To me that is so wrong but who am I to say such a thing.
Sun, 03/15/09 - 10:06
You can track the status of the case (just facts) online at www.occourts.org. 1) pick Online Case Access 2) then choose Criminal and Traffic Cases 3) then Accept Terms 4) Then search by last name Kirby, first name Jeffrey. The relevant case is 09HF0445.
Thu, 03/19/09 - 04:51
The Mask had some part in this. It pains me to say that if he wasnt going so fast, taking such a chance with his girlfriend in the car, this would of never happened. I hope that everybody can learn from this and realize that life is like a poker game, you must play the odds to win. Racing a drunk guy at a high rate of speed isnt playing the odds well. Rip Mask, you will always be in my heart.
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