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Judge Says No Plea Deal For Drunk-Driver Accused of Killing Tapout’s Mask

The Orange County Register has an update on the case against Jeffrey David Kirby, the man accused of killing Tapout’s Charles “Mask” Lewis in a drunk-driving accident this past spring.  Late last week the judge refused to give Kirby a reduced sentence in exchange for pleading guilty to vehicular manslaughter.  Instead, prosecutors are seeking an 18-year sentence for Kirby, who has two prior convictions for drunk driving and had a .13 blood/alcohol level hours after the crash that killed Mask.  Kirby’s attorney expressed his remorse for the Tapout co-founder’s death, but also tried to put at least a little of the blame on him:

Defense attorney David E. Swanson said during a one-hour hearing in the Harbor Justice Center that Kirby "feels horrible about what happened. He is extremely remorseful … he's devastated. He will never get over this."

Swanson also said Lewis contributed to his own death by racing up to Kirby's 1977 Porsche in his high-performance Ferrari, startling Kirby with the Ferrari's speed and explosive sound. Kirby, the defense attorney claimed, was traveling at about 60 mph when Lewis approached at speeds in excess of 100 mph.

In a preliminary hearing earlier today, a police officer testified that Kirby admitted driving too fast just before the crash:

Newport Beach Officer Todd Hughes also said that Jeffrey Kirby, 51, of Costa Mesa said he sped up to a Ferrari belonging to Charles Lewis Jr., who co-founded the company TapouT, in order for his passenger – a woman he was taking on a date -- to see Lewis' red Ferrari.

As he sped closer, he lost control of his car and spun 360 degrees, Hughes said.

"He stated he was driving too fast,'' Hughes said.

Do we need to point out again that Kirby is 51 years old?  At some point, either you’re smart enough to know that you aren’t going to impress women by driving really fast, or else you will never grasp that concept.  We'll keep you updated as the trial progresses.

Comments

give this fucker life in prison. at 51 years of age you should know better than to drink and drive.

Hes a 51 year old who's got an all-dick diet to look forward to for 18 years with a side order of being shanked.

Fuck him.

If Mask didnt die they would both be doing jail time

People still give a shit about this?

Hey Wu Tang, Did you read what the police said???? Kirby sped up to him. Why would Mask be in jail?

Fuck this asshole.

And More importantly:

FUCK EVERY ASSHOLE CUNT THAT SAID MASK DESERVED PART OF THE BLAME FOR RACING. FUCK YOU. NOW IT'S BEEN PROVEN HE WASN'T.

Wasn't Mask also intoxicated?

@Seoul Brother- Fucking great description.

mask reportedly never drank ever or did drugs. he was 45 and deceivingly young looking for his age because he took such good care of himself and worked out regularly.

well it's not this guys fault he decided to street race, doesn't matter if someone lost control land caused the accident. The real accident was beginning to race in the first place...

@Jackal: Mask may have very well been intoxicated and if he was, then certainly that puts things in a different light, but let's look at a couple of factors here:

1) Jeffrey David Kirby had two prior convictions of drunk driving. His ass would have been toasted at a random sobriety test even if he wasn't a dickhead with a 'ho in a vintage car. Remember - he was not only a little bit inebriated, he was fucking soused.

2) The testimony for the prosecution didn't come from the 'ho, but from a police officer. This motherfucker already has more than enough working against him including popular opinion, and he would have to have one shitkicker of a defense attorney to get him off with anything less than 5 to 10. So far, it looks like Kirby's shyster couldn't get a $2 hooker off.

Mask could have been minding his own business, he could have been hammered, and/or he could have been doing something worse than drinking, but all that really matters is that according to the officer, he wasn't able to get away from a drunk ass bitch in a vintage sports car clunker.

I'd really like to see this fuck get turned out in the shower, shanked, and then give hummers for cigs.

A rhyme for Kirby.....

" Your my prison bitch, my prison bitch, your not like other men...I am glad we share a prison cell when lights go out at ten...at first you were resistant but now you are my friend I Knew I would get you in the end...."

- Bubba

we lost a great man to a dickhole that was trying to show off someone elses car to his lady.. i feel bad enough for this cock just let him plede and give hime the max hes gonna die in prision anyway. karmas gonna rape him then shank him.
hes gonna find out what CAGE FIGHTS really are!!!

@Jackal: Are you fucking kidding me? It's not his fault for losing control? Who's fault was it then? His momma for not raising him right? His uncle for all the "bad touch memories" he has as a kid? Maybe it was the demon booze that had jumped out of the bottle and down his throat shortly before the frosted pop tarts in his glove compartment said that if he races his clunker, the bitch in the passenger seat will let him take her in the chocolate starfish.

He was fucking soused. He already has two strikes against his convicted ass. Let me know if you need help connecting the dots.

no help connecting dots bro, Lewis was racing too, just as guilty. If he was doing speed limit, 10 over whatever and got plowed into, different story.

Look at his car man, Lewis was hauling ass. Drunk guy yea, deserves manslaughter and big sentence, but Lewis put himself there, tough love from the man upstairs.

I guess one does not need to read the article to form an opinion.

Mask was driving fast. He wasn't racing. He was just driving fast.

Kirby sped up so his ho could get a look at the car. He lost control when he was doing that and put Mask into the pole.

Yeah, Mask shouldn't have been driving fast but he wasn't in a hot street race.

Were you at the scene of the crime when it happened? Are we relying on what we saw or what we assume? First off, Kirby was driving a 1977 Porsche which had steel reinforcements, steel framework & body parts with aluminum parts to lighten the loads (if he was driving a 928) Mask was driving a Ferrari 360 with an all aluminum chassis that made it lighter than prior models. On top of that, Mask's Ferrari was demolished because it hit a lamp post. That alone will fuck up most any car, but an aluminum race car? I'm surprised that the chick that was with Mask was ejected from the car and alive.

And oh yeah - Kirby was fucking drunk, and he lacked the common sense from being convicted TWICE for drunken driving NOT to get behind the wheel with a few drinks in his gut. Nope - Kirby is fucking guilty as homemade sin.

dude speed limit on that road was 50, @ 60 impact wouldn't do that, check the rest of the crash pics... don't need to be at the scene.

not saying guy's not guilty but Lewis wasn't innocent

All the guy has to do is act like he is taking it to trial and calling 100 witness and professionals. He will get a sweet deal when they start picking juror members and have to do 1-2yrs tops before parole. Oldest trick in the book, they dont want to spend the $$$ for a trial.

If BOTH guys were speeding, and defense can show it...the guy wont get much time. If they were racing and/or Mask was drunk and had previous DUIs or was drunk that night, they guy could get very little time or acquitted.

@ The Truth: That's some sad fucking shit, but you're probably right on both points. I'd love to know what kind of half assed witnesses the defense is gonna try and wheel out.

That picture is fuckin crazy that car is fucked up and it looks like blood on that pole.

Those who live like fucking tools, die like fucking tools.

Dumb. It wasnt Mask's fault whatsoever. Kirby was coming up from BEHIND also so no matter what, in Cali at least, its Kirby's fault. Thats how shit goes.

"when Lewis approached in speed excess of 100mph"

i don't live in America but surely the local speed limit through suburban areas is significantly lower than 100mph. That's some fast shit.

Lewis was rolling the dice by driving that fast, and he was unlucky enough to be clipped by another dickhead who was driving too fast. It's tragic, yes, and this Kirby character deserves prison time, yes, but at the end of the day if Mask hadn't been breaking the speed limit he might still be here.

@ Squirrelnuts

That's what the lawyer said not the officer. They're about as truthful as b.j. penn after a loss.

"Were you at the scene of the crime when it happened?"

Ask yourself the same question Seoul Brother, you're trying way to damn hard right now, from writing detailed paragraph after paragraph to the point where you just look creepy as fuck like you're talking about past experiences (His uncle for all the "bad touch memories" he has as a kid?), to describing both cars in even greater detail to using HTML for fuck sakes LOL. Bottom line is no one knows exactly what happened except for the survivors of the crash. Most likely they were both just trying to impress the broads who were in their passenger seats and lost control, but its obvious from the pictures they were both breaking the law. And speaking of common sense, a so-called "sober" Mask shouldnt be speeding in the first place.

The drunk deserves jail time though, clearly.

Wow, some people have watched too much CSI.

Go back to talking shit about dead fighters.

Mask is just a wannabe Tom Attencio. Both forty something upper management for MMA clothing retailers that are about as hip as Bugle Boy. Big fucking deal. Wow, he wore camo makeup and shirts with the sleeves cut off. Sounds like a classic transnvestite fag.

Did any of you look at the pics? Even lightweight aluminum sports cars dont disintegrate like that at the speed limit. He was actinig like a tool, going well over a safe speed, and putting the people of Cali at needless risk so he could get his speed fix. Thats what happens when you make those poor choices.

That said, this guy should get a few years, after all, it was his third DUI and it contributed to death. but 18 yrs is excessive for something that is still an accident, even if it was worsened by bad personal choice.

@ reddog

Clearly, you have no idea what you are talking about.

Please leave the internet.

Thanks.

People here believe that this Mask guy could do no wrong, that he was merely enjoying a fast drive in his car and got clipped by a drunkard.

I could give a fuck about who was drunk, who clipped who, and who's fault it was. Driving fast, whether it's racing or not, and endangering your own life and more importantly, those of other people on the road, is a dumbfuck thing to do.

@Fight Fan
Dead Nuts ON! However, if what the cops were saying is true, that Kirby himself stated that he was speeding up to Mask when he lost control and clipped him, That is some Fucked up bad luck

rampage jackson's crimes are worse.

What makes Mask any better then the guy who got killed in Florida when Browns Reciever Donte Stallworth hit him when he was drunk and high? But, Stallworth got 30 days in jail, served 27 for good behavior. This guys looking at 18 years? The legal system is fucked. I am not saying this guy should not get 18 years at all, fuck em. But just look at the shit. Tell me this makes since at all.

Plaxico Buress Shoots himself= 2 years in jail
Michael Vick kills some dogs(not humans)= 2 years in jail
Donte Stallworth kills a man nobody knows(exept his greaving family)= 27 days in jail
Mary Carol Winkler kills husband in cold blood(not a dog)= 7 months(5 in jail,2 in hospital)

Fucked up shit,don't believe it, Google it.

well its obvious he was speeding, maybe not racing. Cars just dont cut in half going 55....not like that

You Mask wasnt Driving it was his girl...It said b4 she was sober...That fucker needs to get punked every day in the shower..And i hope whoever does it laughs like a hyena the whole horrific time