New details emerge in Charles Lewis death

  1. DA says Kirby's car laid down 613 feet of skidmarks on the uphill stretch of Jamboree Rd. where the collision occured.
  2. Defense states that Lewis approached at a "frightening speed" causing Kirby to swerve and spin into Lewis' path.
  3. Defense attorney Mark Fredrick states that Lewis is the one responsible for the crash and that his client had no idea Lewis' Ferrari crashed
  4. According to autopsy, Charles was killed by blunt force trauma to the torso and extremities.
  5. It is apparent the deputy DA is conceding that Charles was racing with Kirby -- both vehicles were allegedly traveling over 100MPH
  6. At OC courthouse listening to opening arguments in trial of Jeffrey David Kirby, the man accused of killing @TapouT" class="tweet-url username">tapout founder Charles Lewis

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The trial for Jeffrey Kirby, the driver of the Porsche that was involved in the accident that killed Tapout co-founder Charles “Mask” Lewis, began today. Kirby, who blew a .13 two hours after the crash, is on trial for one count of vehicular manslaughter with gross negligence while intoxicated and one count of driving under the influence causing bodily injury.

It appears the central argument is over who caused the crash that killed Lewis. The prosecution conceded that Lewis was racing Kirby at speeds in excess of 100 MPH, but argued that Kirby was the one who hit Lewis and caused his Ferrari to spin out of control into a light pole. The defense on the other hand claims that Lewis caused the collision when he approached Kirby from behind “at a speed that was absolutely frightful.” Defense attorney Mark Fredrick argued that Kirby was not responsible for the accident even though he was legally intoxicated.

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Recent Comments »

frontrowbrian site profile image  

12/8/10 6:26 PM by frontrowbrian

 Kirby was found guilty of gross vechicular manslaugher

JohnnyLawrence site profile image  

12/3/10 11:46 PM by JohnnyLawrence

So does anyone know if she'll be testifying or what her side of the story has been?  

Pink Bunkadoo site profile image  

12/3/10 10:05 PM by Pink Bunkadoo

ttt just because of the grease monkey filter link. thanks musashi

Musashi site profile image  

12/2/10 10:57 PM by Musashi

Here, allow me help anyone who is interested:

Pink Bunkadoo site profile image  

12/2/10 10:53 PM by Pink Bunkadoo

install the Grease monkey filter and block him. it is glorious without his silly comments and whining. I only saw this because it was quoted. glorious

quick site profile image  

12/2/10 10:04 PM by quick

^^^^^ I thought I remember her getting out of the hospital relatively quickly? Maybe I am misremembering though.

Brown Bride site profile image  

12/2/10 12:58 PM by Brown Bride

 If it were his first DUI then a DUI and leaving the scene charges by themselves he might do a few days in county & community service etc.  This is the guys 3rd or 4th DUI, he should be doing the 364days imo.  A year in county really sux ass. .

GMan99 site profile image  

12/2/10 12:53 PM by GMan99

"It seems that the defense is attempting to thread a very narrow needle, suggesting that Kirby was not so intoxicated as to be legally unable to drive but was still sufficiently under the influence of alcohol to be unaware of the accident in which he had been involved and subsequently drove away from."I'd guess they would be more than happy to concede the fleeing the scene in exchange for beating the vehicular manslaughter rap.

Hessian site profile image  

12/2/10 12:39 PM by Hessian

from SherdogSANTA ANA, Calif. -- The second day of the trial regarding the death of Charles "Mask" Lewis Jr. began with a detailed discussion of the physiologic effects and pharmacokinetics of ethyl alcohol. Deputy District Attorney Jason Baez began the morning by leading Dr. Jennifer Harmon, Senior Forensic Scientist at the Orange County Crime Lab, through a series of questions elucidating the quantitative details of alcohol absorption and metabolism. Before a nearly empty courtroom, and to a seemingly attentive jury, Harmon testified that the rate of alcohol absorption is affected by multiple factors and is extremely difficult to determine, while the rate of metabolism by the liver is better established. She testified that a naive drinker metabolizes alcohol at the rate of approximately 0.15 percent Blood Alcohol Content per hour, while a veteran drinker eliminates alcohol at twice that rate. This line of questioning culminated in Harmon drawing a figure for the court in which she described the phenomena of peak BAC, an absorptive phase during which BAC is rising and an elimination phase during which BAC declines. Much of the prosecutions focus lay in clarifying the relationship between the measured BAC -- 0.13 -- of the defendant, Jeffrey David Kirby, at 3 a.m. and what his BAC would have been two hours earlier at the time of the crash. The testimony was technical and, at times, quite detailed, but Harmon appeared equal to the task. Her mien was not so much that of a witness under direct examination as it was of an instructor teaching material to the jury. The prosecution then asked Harmon to elucidate the cognitive and physical impairments caused by alcohol ingestion. The forensic specialist listed judgment, inhibition, capacity for divided attention tasks, information processing, fine and gross motor skills and level of consciousness as components of motor vehicle driving adversely affected by alcohol. The defense cross examination of Harmon was low-key, aiming first at clarifying that an individual with a BAC of 0.13 percent at 3 a.m. might possibly have a substantially lower BAC at 1 a.m. Then, the defense used its time with Harmon to highlight the components of the police-administered field sobriety test that Kirby performed successfully. It seems that the defense is attempting to thread a very narrow needle, suggesting that Kirby was not so intoxicated as to be legally unable to drive but was still sufficiently under the influence of alcohol to be unaware of the accident in which he had been involved and subsequently drove away from. It appears the technical component of the prosecution's case has been completed, and now it will turn to witnesses who observed the immediate events surrounding the accident itself. Matt Pitt is a physician with degrees in biophysics and medicine. He is board-certified in emergency medicine and has post-graduate training in head injuries and multi-system trauma. To ask a question that could be answered in a future article, e-mail him at