Wednesday, September 9, 2009

Mask's Drunk Driving Killer Gets No Plea Deal


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.
cagepotato

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