Trial to begin in crash that killed Mask

by Larry Welborn | source: ocregister.com
 

Twenty months after the crash, repeat drunk-driver Jeffrey David Kirby will go on trial on vehicular manslaughter and other charges. Jury selection before Judge Richard F. Toohey should begin later this month.

Kirby, 53, could be sentenced to 18 years in state prison if convicted. He has been held in custody on $500,000 bail since the night of the crash.

Deputy District Attorney Jason Baez  contends that Kirby, who ran an audio-visual business, was driving with a blood/alcohol content that was nearly twice the legal limit when he crashed his Porsche into Lewis' high-performance Ferrari while both of them were speeding on Jamboree Road between Bison Avenue and East Bluff Drive.

During a preliminary hearing last year in the Harbor Justice Center, Newport Beach Police Officer Todd Hughes testified that Kirby admitted – after he was arrested – to driving too fast and losing control of his Porsche.

Hughes testified that Kirby told him he sped his Porsche next to Lewis' Ferrari in order for his date to see the expensive sports car close up. But as the two cars raced south of Jamboree, Baez contends, Kirby lost control of his car and started spinning, striking the Ferrari in the process and sending it careening to disaster.

Detectives found receipts in Kirby's wallet that revealed he had been drinking at two bars earlier that evening, one in San Juan Capistrano and the other in Irvine.

Kirby has two prior DUIs – in 1985 and in 2002..

The Orange County District Attorney's office charged Kirby, of Costa Mesa, with gross vehicular manslaughter while intoxicated, plus a penalty enhancement for fleeing the scene of the crash.

Kirby left the scene after stopping briefly at the crash site. He was arrested a short distance away, walking from his Porsche, which he had parked on a side street. He registered a .13 blood/alcohol level two hours after the crash, and he also had marijuana in his system, prosecutors said.

Lewis, who became known as "Mask" to his fans for his penchant of painting stripes on his face and donning a top hat, had no drugs or alcohol in his system when he died, according to toxicology reports.

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Please feel free to write a VICTIM IMPACT STATEMENT on behalf of Charles.

What this letter will do is describe what Charles may have meant to you, as a fighter, a manager, or even just a fan and what his impact was on you. Even if it was just when you would watch the TapouT TV show and it made you smile, write it down and send it in. The judge needs to know what a great man was taken from the world. Please address these letters to jason.baez@da.ocgov.com

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Recent Comments »

warriorclassmma site profile image  

11/20/10 3:06 PM by warriorclassmma

Anyone who knows Russell Sullivan (founder of WARRIORCLASSMMA), knows that Charles David Lewis Jr. aka "MASK", the founder of TapouT was and continues to be a major influence in Russell's life. Russell has come to know the sister of Charles David Lewis Jr. very well over the past year and has promised to help her and her family in any way he can to insure that the man responsible for Charle's death (Jeffrey D Kirby) receives the maximum penalty for taking Charles's life. The driver responsible for MASK's death is a MULTIPLE DUI OFFENDER in multiple states and was under the influence on the night in question. Please feel free to write a VICTIM IMPACT STATEMENT on behalf of Charles. What this letter will do is describe what Charles may have meant to you, as a fighter, a manager, or even just a fan and what his impact was on you. Even if it was just when you would watch the TapouT TV show and it made you smile, write it down and send it in. The judge needs to know what a great man was taken from this world by this MULTIPLE DUI OFFENDER. Please address these letters to jason.baez@da.ocgov.com. Thank you so much on behalf of WARRIOR CLASS MMA and all the people that MASK influenced.

HaMMerHouseFAN site profile image  

11/20/10 8:09 AM by HaMMerHouseFAN

Not all drunk driving is a felony. To answer your specific question though I think in all states (not sure if it's in all) there are certain felonies that are not included for the "commission of a felony" to trump it up to first-degree. This is where some states differ in what they include and exclude as felonies that can contribute to first-degree murder. The majority, if not all states exlcude drunk driving as a felony, that will raise a murder/killing up to first degree murder.  

AnthonyBrancato site profile image  

11/20/10 7:11 AM by AnthonyBrancato

What I don't understand - and never will - is this: Drunk driving is a felony; therefore, a drunk driver who kills someone while driving drunk is killing during the commission of a felony, and is therefore guilty of first-degree murder. But they are never prosecuted as such. 18 years is total BS. This bastard needs to fry.  

Jaybrone site profile image  

11/20/10 6:09 AM by Jaybrone

Ask any of the hundreds of up and coming no name fighters that TapOut has sponsored if they had anything to do with the huge explosion of MMA. It was companies like this that latched on early and helped build the sport by paying fighters through sponsorships that made this sport what it is as much as anything. Your post screams troll to me and usually I ignore trolling but this is disrespectful to some one the MMA community respect and loss tragically.

JJitsu site profile image  

11/20/10 2:40 AM by JJitsu

I dont know if your a guy or a girl but your a stupid cunt either way and will never do anything as relavent as Charles.You are vapid filth who must spew your venom so you can feel better about your own miserable small life.why dont you go suck a fart out of a tweaker bums asshole you oxygen theif Troll. Charles was from the town next to Temecula you fuck so keep spewing your poopoo mouth around IE the way you just did on this board. I cant wait for you to say it to someone he touched. He'd be mad at me for typing this but whatever....FUCK YOU!!!!!!!! "To reach out to those who strive to be there best, is the greatest thing you can do...That is where I live and breathe" Charles Mask Lewis  

RickStorm site profile image  

11/19/10 5:45 PM by RickStorm

RIP MASK

Hong Kong Phooey site profile image  

11/19/10 5:42 PM by Hong Kong Phooey

 thats how i see it as an entrepreneur. He had won gold ! Believe

HULKSMASH site profile image  

11/19/10 5:41 PM by HULKSMASH

Mask had the world by the balls. Damn shame :(

theppfftt site profile image  

11/19/10 5:29 PM by theppfftt

Dude..first off i voted your post up!secondly..do you live in the states?cause if you do i wouldn't get to frustrated..If it were here in Canada where the useless fucking whiny bitch-ass justice system favor's the criminals,trust me..it would be much less than even the possibility of 18 years..Our justice system is so fucking weak here it's far beyond pathetic..i like the 3 strikes rule that the states has..here in Canada we have a bunch if sissy pandzy ass pussies who and i use this term very loosely punish criminals.. guy would get less than 5 years here..

HaMMerHouseFAN site profile image  

11/19/10 6:55 AM by HaMMerHouseFAN

 because what you said isn't?



 

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