(Kirby will likely be making license plates for the next 13 years.)
The 53-year-old two-time drunk driver accused of causing the death of TapouT co-founder Charles "Mask" David Lewis Jr. was found guilty by a jury yesterday of one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated and a sentencing enhancement for causing great bodily injury.
Lewis died in the March 2009 crash that split his Ferrari in two.
Jeffrey David Kirby of Costa Mesa faces up to 13 years in state prison when he is sentenced February 4 in Santa Ana, Calif.
(Mask’s prized Ferrari was literally chopped in half from the impact.)
Here is the portion of the Orange County District Attorney’s office’s press release detaling the facts in the case that were accepted as being true:
"At approximately 1:00 a.m. on March 11, 2009, Kirby was speeding in his 1977 Porsche with a 32-year-old female passenger, Lynn Marie Nabozny, alongside a 2004 Ferrari driven by 45-year-old Charles David Lewis, Jr., on Jamboree Road in Newport Beach. Kirby lost control of his car due to his unsafe speed and crashed into Lewis’ vehicle. Lewis lost control of his Ferrari, which crashed into a cement light pole and was torn in half. Kirby swerved and came to a stop on Jamboree Road for several seconds before accelerating and leaving the scene.
A Newport Beach Police officer, who had been passing northbound on Jamboree, observed the crash and immediately stopped to assist Lewis and called for back up. Lewis was trapped inside the front half of the Ferrari, which had to be dismantled in order to remove him. He was pronounced dead at the scene. Lewis’ 23-year-old passenger, Lacy Lynn White, was ejected from the car and landed on the nearby dirt embankment. White was transported to Western Medical Center to be treated for several bone fractures, lacerations and abrasions.
After leaving the scene, Kirby parked his Porsche, which had body damage consistent with having been involved in a crash, on Bison Avenue. Within minutes of the crash, a responding Newport Beach Police officer observed Kirby’s parked car and saw the defendant and Nabozny walking outside of the defendant’s vehicle. Kirby and Nabozny were both apprehended. When contacted by officers, the defendant was emitting an odor of alcohol, slurring his speech, and had bloodshot and watery eyes. He was arrested at the scene.
At approximately 3:00 a.m., two hours after the crash, Kirby had a blood alcohol level of .13 percent. Nabozny was arrested for public intoxication and later released."