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Driver That Killed TapouT Co-Founder Charles ‘Mask’ Lewis Found Guilty of Vehicular Manslaughter


(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."


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Ballkick- December 10, 2010 at 8:58 am
@Dranokills

uh,....yeah,....ok....whatever helps you sleep at night.
Charming Charlie- December 9, 2010 at 10:16 pm
I've been watching MMA since 2006 but don't have a clue how Mask was a philanthropist of it's development.
Viva Hate- December 9, 2010 at 8:49 pm
We all good now? Good, rumor mill time! (Chirp Chirp Chirp)
MoTropolis- December 9, 2010 at 8:07 pm
I actually need to talk to him, Im gonna be in Sydney in jan.
dranokills- December 9, 2010 at 7:13 pm
I don't know, I miss him.
ReX13- December 9, 2010 at 6:23 pm
C'mon, you bastards, bro hugs all around.Where the fuck is fatbellyfrank?
Viva Hate- December 9, 2010 at 5:27 pm
Woah! Woah! Woah! Guys, this is getting a little out of hand, how about we all chill and drink some car bombs? Straight Whiskey? A little sticky icky for some of you boys and we all just chill the fuck out!

I am pretty sure 99% of people who come to CP have said something that would offend someone, it's life deal.

A quote for you all, ""I disapprove of what you say, but I will defend to the death your right to say it."
dranokills- December 9, 2010 at 5:04 pm
Ballkick Says:
Fri, 12/10/2010 - 00:45

@Dranokills

I seem to remember not too long ago you made some comments to me about my loss under similar circumstances. You did not retract your callus comments back then, why the change of (dare I say) heart?.....I don't understand the difference between this and my situation other than this time some of your "friends" here spoke up on your Insensitive demeanor.
Basically it seems to be ok for you to say unimaginable heartless shit here as long as none of your buddies call you on it,.....do I understand this correctly?
-------------------------------------------------------------------------------
yeah pretty much you have a full understanding of this. The only important factor is friends. Since you don't matter neither does your opinion, see how that works?
the ONLY insensitive thing I really said was " fuck Mask", and that was not meant as a slam to his life or the things he accomplished or did for the sport, it was a generic "fuck mask" just about his stupidity that lead to his death, and how I don't believe he wasn't a willing participant in his own demise. My opinion and my feelings on it seem to have upset the people I value, thus I have backed off from it all, BUT jackholes like you who don't matter, and fucktards like red baron, or red engine or whatever that new troll jobs name is, just keep the flames burning on this.
But getting back to your question about how things work, I would add that YOU actually need to have friends before they will give a fuck about your opinion as well, and since I have some that means I am not an irrelevant poster like yourself so stop talking about your unimportant shit and get back on topic to this wonderful man who has done so much for others and himself ONLY to get himself killed like a dumb useless person....oh like say your loss.
MoTropolis- December 9, 2010 at 3:50 pm
Speaking of mumbles, I just finished the first season of "The Wire" and I dont see what the fuss is about. The shit wasnt THAT good.
El Guapo- December 9, 2010 at 3:47 pm
deceased= dead f'kn= fucking(adverb, not verb) epitome= Uhhh, it's, umm
El Guapo- December 9, 2010 at 3:45 pm
Yeeahhhh, that's...what...I did.

namsayin= Mumbles playa= CP speak xenophobic= anti-gay
MoTropolis- December 9, 2010 at 3:32 pm
I think El Guapo just finished reading "Talking Hood for Dummies".
El Guapo- December 9, 2010 at 3:22 pm
I thought the whole Tapout crew- Mask, Tall Guy, Shorty Shitstack, UFC JayT- was the epitome of dooshy. Double dutch doosh, nawmsayin? Not hating on them. More power to them, even. I know they made shitload of money and whatnot, but inspiring countless fake tough guys around the world is, for lack of a better term, f'kn gay. To me, at least.

That being said, I'm not about to shit on the deceased. I've read, and said, some messed up things here on CP. Some jokingly, some not(mostly joking). Hateful, racist, xenophobic... You name it, I've said it. And read it. But shitting on the deceased? Not cool, Boss. I respect freedom of speech but I'd be lying if I said I respect everybody's opinions. If somebody doesn't respect my opinion, so be it. It is what it is, playa. Cool? Cool.
Red Baron- December 9, 2010 at 2:49 pm
You guys leave Drano alone. If he stays busy here he's not out in public putting people at risk...he's obviously way too fucking stupid to be out of the house without adult supervision.


I watched every episode of Tapout and everytime I watched, my thoughts were: Wow, how cool it must be to be out makign your living in the MMA world, going to fight promotions in that Class A diesel pusher, sponsoring fighters. Yeah, Mask wasn't perfect - who among us is perfect? Don't judge him until you know how perfectly you'd react to sudden fame and fortune. I guaran-damn-tee you that every one of us, if thrust into fame and forture, would do a lot more harmful/reckless things than to drive a Ferrari 100 mph.

So lighten up, fairies!

And besides, I can still break 2 boards with a sidekick and I'm just waiting for the invitation to show Dranoboy my Dillman nerve striking techniques.
knee2dahead- December 9, 2010 at 2:14 pm
I agree with budsellers
oh and bitchass Drano can eat a bag of dicks
Ballkick- December 9, 2010 at 1:45 pm
@Dranokills

I seem to remember not too long ago you made some comments to me about my loss under similar circumstances. You did not retract your callus comments back then, why the change of (dare I say) heart?.....I don't understand the difference between this and my situation other than this time some of your "friends" here spoke up on your Insensitive demeanor.
Basically it seems to be ok for you to say unimaginable heartless shit here as long as none of your buddies call you on it,.....do I understand this correctly?

I can pretty much guarantee a response telling me to go eat a bag of dicks.....a fuck you,....and more personal attacks...Maybe even a last stab at my dead family members again for old times sake eh?......fly at'er Drano.....I am starting to really understand your psyche now.
LOKI- December 9, 2010 at 1:20 pm
Was Mask really driving...or did Ricco Rodriguez just put him in the drivers seat and flee the scene?
Mr.ChandellaPowell- December 9, 2010 at 1:05 pm
@drano

Your opinion is your opinion, and I think most people who reacted to your post (myself included) weren't as concerned with your belief that he was racing than the fact that you said "fuck mask" for no apparent reason. We can speculate all we want about his involvement in bringing about his own demise since none of us know the whole truth. But dude, being disrespectful to someone who's dead is not cool. We're talking about a guy called Mask, not Osama Bin Laden... geez!
The Fresh One- December 9, 2010 at 12:49 pm
Cecil
I read that as well, however it was conceded by the DA that Mask was traveling a "high rate of speed when the accident occurred." I'm not sure what Scrape was talking about. That's probably why Kirby was charged with manslaughter and not vehicular homicide. Also with manslaughter the law states that contributory negligence by a victim cannot be employed as a defense. So the racing point was moot anyway. The racing was witnessed by a police officer, a resident of the area, and confirmed by a police auto-forensic-whathaveyou. Not saying Scrape is lying, but I'd be curious to read the woman's testimony. It's a tragedy none the less.
budsellers- December 9, 2010 at 12:37 pm
i know opinions are like assholes. i know my opinion does not actually matter on any of this bullshit. i also appreciate comment sections on my favorite blogs and i appreciate that it is the right of the website to publish my comments, but i do not appreciate censoring somebody's opinions. opinions cannot hurt anybody and in my humble opinion, people who take offense to other's opinions do not have very high opinions of their own.

here is my opinion...

kirby deserves what he got and i would very likely do the same thing as both of these men(if i was in their situations). i am not trying to say that makes what either man did the correct choice. to me, that makes what they each did to cause this crash human; both men deserve empathy and sympathy. both men deserve blame as well.

honestly, if i had a ferrari (or a porsche), and i found myself driving a woman who is not my wife, and 20+ years younger than me, at 1am on a perfect southern california night, i would probably drive like a mad man whenever i felt it was actually safe enough(if only to give myself and my lady friend a thrill). all the better to make her and myself hot before going home from the party, bar, strip club or wherever we had just been.

i did not say i would race my vehicle with her inside of it, but i might. i have never been in this situation because i am not rich enough to own a sports car, i am already married and even if that was not true, i do not have enough status to get a woman 20+ years younger than me to date me. in other words, i did not say i would choose to race, but i cannot say i would not race.

also, i cannot claim to have never raced a vehicle as fast as it would go, or to never having been a little too (drunk/stoned/sleepy/emotional) to drive. i have no idea if mask was under the influence, but this was racing and sobriety does not matter when you are racing. even on a race track, racing is not a safe recreation. period.
KINGMADE- December 9, 2010 at 12:17 pm
Mask chose his fate. If I die in a street race... you know shit happens. Too harsh a penalty. Cars do not split in half at low speeds. Drano I got you man. The truth is too much for some people to handle. Also whoever edited or deleted his post is a dick. You don't like what you see so you delete... ok Mr. Nazi. Good job.
MoTropolis- December 9, 2010 at 12:08 pm
C'mon man, you dont drive a Ferrari to NOT speed. It was also proven in court that OJ was innocent.
cecils_pupils- December 9, 2010 at 11:53 am
Bt the way, it turns out that they were NOT racing. Skyskrape posted on mma-dot-com that it was proven in court that Kirby was speeding and that Mask was not. The chick who was on the date with Kirby testified to that, and the cops dashboard cam video confirms it.

So, he did not actually contribute to his own demise. He was in the wrong place/wrong time and drunken Kirby was trying to impress his date.

So, I guess we can all go to hell for speculating.
StinkFacer- December 9, 2010 at 11:29 am
The very nature of Freedom of Speech is that some speech will inevitably offend someone. We are guaranteed our freedom to say what we will, with the knowledge that who we say it to will say what THEY want back.

With that said, what happened is a tragedy, and while this guy obviously has the major share of blame, it isn't only on his head. He holds the the most guilt for leaving the scene of the crime. When racing, you take a risk, and sometimes, the devil collects his due. It's a shame that it happened, but lets not needlessly demonize this guy. He drove drunk, made a mistake, and now hes paying for it in spades. You seem to think killing someone doesn't take it's toll on your conscious. This guy isn't some hardened criminal, hes a guy who likes to drink who now will go through life knowing he killed someone.
El Guapo- December 9, 2010 at 11:06 am
Stay classy, Drano. Now let's please put this shameful episode... to rest.

Get it, "to rest"? (SILENCE) As in, rest in peace?? (CRICKETS CHIRPING)
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